Ready! Set! Negotiate!

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Halloum Negotiation Competition
Be a Competitor:
Learn the Rules of the Game
Presented by:
Yulia Buyanin
Kaitlyn Murphy
HalloumCompetition.com
halloumcompetition@gmail.com
Agenda
Basic Decorum
Preparing for a Negotiation
Fact Pattern Overview
Judges’ Rubric
Ready! Set! Negotiate!
Questions?
Basic Decorum
What should I wear?
Interview Attire
How Should I Act?
You are always being watched.
No!
Yes!
Preparing for a Negotiation
READ the Fact Pattern!
You do not need to know any
outside information, but you do
need to be familiar with the facts
you have.
THREE STEPS TO SUCCESS
Step 1: FOCUS ON YOUR
CLIENT
Step 2: FOCUS ON THE
OPPONENT
Step 3: SOLVE THE PROBLEM.
STEP 1: FOCUS ON YOUR CLIENT
What does the client. . .
-NEED?
-WANT?
-What is their MOTIVATION?
STEP 2: FOCUS ON THE OPPONENT
-What questions can you
ask to find out what your
opponent’s NEEDS and
WANTS are?
-Why is x so important to
the opponent?
-Is there a middle ground
that will make both
parties happy?
STEP 3: SOLVE THE PROBLEM
1. Talk to your opponents.
2. Find a solution that fits (1)
your client’s needs and wants
and (2) your opponents’ needs.
3. Remember, if both parties
aren’t happy, there is NO
agreement.
Goal
Opening
Offer
Bottom
Line
Convince
your
Opponent
Issue #1
Issue #2
Goal - What is your client’s dream outcome?
Opening Offer - Where will you start negotiating?
Bottom Line - What is the absolute minimum your client will accept?
Convince Your Opponent - What can you do to convince them to accept your
proposed solution? What incentives can you provide? Why is their suggestion not the
best one?
Judges’ Rubric
How will the Judges be Assessing You?
NEGOTIATION PLANNING
FLEXIBILITY
OUTCOME
TEAM WORK
RELATIONSHIP BETWEEN TEAMS
SELF-ANALYSIS
NEGOTIATION ETHICS
Team Letter: ___ ______ ___
Ro und #1 _ _____
Judges’ Rubric
Ro und #2 _ _____
Judg e’s Na m e: ______ _____ ______ _Dat e:
Sem ifinal _ _____
Final ___ ___
Ro om #:
I.
NEGOTIAT ION P LANNI NG
Judg ing from its p erformance and it s apparent strategy, how wel l prepared d id th is team app ear to b e?
7
6
5
4
3
2
1
Very
Un pre p are d
Un pre p ared
So me wh a t
Un p re p are d
Neu t ral
So me wha t
Pre p a re d
Prep a re d
Hi g h l y
Pre p a re d
II.
FLEXI BILITY I N DE VI ATI NG FRO M PLANS O R ADA PTI NG STRAT EGY
Ho w f lexib le did this team appear to be in adapting its strategy to the develo ping n ego tiation, e.g., to new
information or to unforeseen m oves b y the opp osin g team?
7
6
5
4
3
2
1
Very
In fl ex i bl e
Infl ex i bl e
So me wh a t
In fl ex i bl e
Neu t ral
So me wha t
Fle x ib l e
Fl ex ib l e
Hig h l y
Fle x ib l e
III .
OUT CO ME OF SESSIO N
Based on wh at you o bserved in t he neg otiation and the s elf-analys is, to wh at extent did the outcom e o f the
session, regardl es s of wh ether agreement was reached , serv e the client's goals ?
7
6
5
4
3
2
1
Very
Po orl y
Serv ed
Po orl y
Serv ed
So mewh a t
Po orl y
Serv ed
Neu t ral
So me wh a t
Serv ed
Serv e d
Fu ll y
Serv ed
IV.
TEAM WORK
Judges’ Rubric
Planning: Judging from their performance and their apparent strategy, how well
prepared did this team appear to be?
Tips
•Know your facts!!!
•Have a strategy and a theme
Judges’ Rubric
Flexibility: How flexible did this team appear to be in adapting their strategy to the
developing negotiation, e.g., to new information or to unforeseen moves by the
opposing team?
Tips
•Flexibility against yourself:
• Depart from your original
plan
•Flexibility against the other team:
• Make concessions and tradeoffs
Judges’ Rubric
Outcome: Based on what you observed in the negotiation and the self-analysis, to
what extent did the outcome of the session, regardless of whether an agreement was
reached, serve the client's goals?
Tips
•Judging standards focus on planning
and the negotiation process itself.
•You can achieve a high score even if
you reach no agreement.
•Focus on how every point is serving
your client’s underlying goal.
Judges’ Rubric
Teamwork: How effective were the negotiators in working together as a team, in
sharing responsibility, and providing mutual backup?
Tips
•Don’t interrupt
•Don’t dominate
•Don’t talk after each other
•Board: Work the board in pairs
Judges’ Rubric
Relationship between teams: Did the way this team managed their relationship with
the other team contribute to or detract from achieving the client's best interests?
Tips
•Shake each other hands
•Call them by their names
•Don’t be rude
•Don’t steal the pen
Judges’ Rubric
Negotiating Ethics: Based on your observation, do you believe the negotiating
team observed or violated the ethical standards of the legal profession?
For example:
did the team misrepresent material facts?
did the team exceed its settlement authority?
did the team invent self-serving material facts?
Tips
•Know your facts!!!
•Learn about the business/industry
underlying the fact pattern, and use
information that is common
knowledge
•But DO NOT use obscure
information in your favor
•DO NOT use law outside your fact
pattern “universe”
Timing
Preparation
Up to you!
Introduction
Few minutes
Information Gathering
About 15 minutes
Move to the Board
About 30 minutes
Hammer out the Agreement
Wrap it up!
3-5 minutes
Ready! Set! Negotiate!
Intro
Info
Gathering
Move to
the Board
Hammer
out
Agmnt
Wrap it
up!
Introduction
• Formal Introduction
• Shake Hands
• Address people by name
• Introduce your theme and strategy
• You are representing your client
• Refer to:
“my client” / “your client”
and not “I want”/ “you need”
Ready! Set! Negotiate!
Intro
Info
Gathering
Move to
the Board
Hammer
out
Agmnt
First 15 mins: Gather those Interests!
•
•
•
•
Don’t use the board during this time.
What are their interests? Ask questions.
Listen Actively!
Give out some information that you want
them to know.
• Try to figure out if you are trying to
accomplish the same thing.
Wrap it
up!
Ready! Set! Negotiate!
Intro
Info
Gathering
Move to the board!
• Once you find out what you
have decided to negotiate on,
write it on the board.
• Set the Agenda.
• Then you ask if you missed
anything.
Move to
the Board
Hammer
out
Agmnt
Wrap it
up!
Ready! Set! Negotiate!
Intro
Info
Gathering
Move to
the Board
Hammer
out
Agmnt
Wrap it
up!
Hammer out that agreement!
• Negotiate each issue
• Don’t try to go back and forth
• Focus on one issue at a time
• Table issues
• If one of the issues is not going
anywhere, it’s ok to table it
• Sell your points
• Explain how your solution is
actually something that will benefit
the other side (shared interests)
• Be flexible and creative
• LISTEN to your opponent and
confirm what they are asking or
expressing as their interest
• “What I hear you saying
is…”
• Recap
• Judges like it
• Write on the Board
• If you come into an
agreement on one of the
points, write it on the board
Ready! Set! Negotiate!
Intro
Info
Gathering
Move to
the Board
Hammer
out
Agmnt
Wrap it
up!
Last 3-5 mins: Wrap it up!
• Restate the agreement
• Spin any disagreement to your
advantage (it’s ok to table issues)
You CANNOT
•Give it up all in the end
•Talk faster and try to negotiate
everything till the end
Self-Analysis
‘Spin it baby!’
•Our strategy was....
• (incorporate your theme)
•What we did well...
•What we would have done differently...
•What we agreed upon and how it helped out client…
•If you didn’t reach an agreement, explain to the judge why not.
•Don’t assume that the judge remembers your confidential info.
•Always finish on how you think you did well, and how these things applied to your
client.
Self Analysis
BOTH partners should talk equally.
1. Tell the judges what your theme was
and how the overall deal accomplishes
those goals. Why should your client be
satisfied with your performance?
2. What is something you/your
partner could work on for your next
negotiation?
3. What is something you/your
partner did very well in this
negotiation?
**Be prepared for questions. Not all
judges have them, but some will.
Take-home points
Read the Fact Pattern.
• Your client’s interests
• The opponent’s
interests
• Find a solution
Judges will Score You On:
-Negotiation Planning
-Flexibility
-Outcome
-Teamwork
-Relationship between Teams
-Self-Analysis
-Negotiation Ethics
Questions?
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