In this edition, I delve into the five actions that can optimise your success in any negotiation as an advocate or as a business leader:
Define what you want to achieve in the negotiation, your client’s walk-away position (even if it is a more fluid position), and your client’s BATNA (Better Alternative To a Negotiated Agreement). There are no shortcuts or silver bullets here - it’s about hard work. You need to know your case - the strengths and weaknesses, and also ensure your client is on board with your realistic appraisal.
Salespeople understand the critical role of rapport in achieving sales, although lawyers (with some delusions of professional grandeur!) rarely want to acknowledge how applicable rapport is in any negotiation. Professional rapport with your counterparts is about authenticity, building trust, and improving communication. It does not mean you need to be anyone other than yourself, and it does not mean you should not robustly advocate for your client. Let’s face it - the pre-court procedures and ADR processes have worked so well in Queensland personal injury litigation largely because of the more collegiate nature of the Queensland profession. Professional rapport matters!
Stay focused on the points you want to make in the negotiation. Highlight the strong points and avoid getting distracted by peripheral issues. This approach builds trust, demonstrates your knowledge of the facts and how they intersect with the law. This approach keeps your counterparts engaged and is, frankly, more persuasive.
Effective deals are difficult to achieve unless a party feels heard and respected. This is a necessary feature of building rapport. You do not have to necessarily agree, but you should acknowledge that you hear and understand the various points being made.
The more information you have, the more likely you are to strike a deal, based on a better understanding of various positions and arguments. Don’t be afraid to ask questions, even simple ones. It’s often in this dialogue that you can more fully understand and test the strengths and weaknesses of various positions. I like to ask questions to develop a better understanding, for example - I don’t understand this point, can you please explain? By not pretending necessarily to be the smartest person in the room, I was often able to open up a more honest dialogue.
I regularly share short insights on mediation, negotiation and all things leadership. From how to optimise success in negotiations, to the skillset required to sustain high team performance and promote resilience. I share these video reflections, drawing from my experience both as a former leader in professional services and now as a mediator and leadership coach.
"Damien is an incredible Mediator. He is experienced, is always across the brief and has a depth of legal knowledge that can assist the parties to navigate even the most complex issues to reach a resolution. Damien is my first choice for any Mediation, especially for vulnerable plaintiff’s feeling overwhelmed by the process as they are immediately comforted by his affable and empathetic nature.”
Damien was engaged as an Executive Coach in our business to navigate a half-decade of poor habits, realign our leadership team and position us for a strategic exit.Facilitating an executive workshop was instrumental in resolving internal conflicts and realigning us to a collective focus on future opportunities.
I have especially appreciated your logical and calm approach to problem solving, and I have valued your methodical and composed demeanour in tackling complex issues. You have not only equipped me with effective strategies but also instilled a sense of confidence and clarity in my own decision making processes.
