Class:
Negotiation Skills
- In what situations might a lawyer be called on to negotiate? Think about: Company Law, Commercial Law, Family Law, Criminal Law.
- What skills and qualities should a good negotiator have?
- What is the difference between being assertive and being aggressive? Which quality is more effective when negotiating?
- What cultural differences might be important to consider when negotiating with a lawyer from another country?
- What do you think the following expression means: “Put yourself in the other side’s shoes – but don’t stay there too long.”?
- What are agreement templates and term sheets? Why should you be careful when using them?
- What negotiating techniques do you know? Horse Trading? BATNA (Best Alternative To a Negotiated Agreement) or bottom line?
- When negotiating a number (e.g. a price) who should make the first offer you or the opposing side?
- If the price you want to pay is 50 but the first figure the seller offers is 75, what should your first counter offer be?
- What is a merger clause and why is it important to get the other side to throw out any clauses you disagree with?
For answers and functional language see:
Key Vocabulary:
Family Law: Division of Property, Custody, Access, Maintenance
Criminal Law: Bail, Plea Bargain
Competition Law: Restraint of trade, Franchise, Franchisee, Franchisor
Speaking Assessment - Negotiation Role-play - Contract formation
Areas to work on:
Suffixes: guarantee
High Numbers: €250,000.00 = two hundred and fifty thousand euros.
Homework:
Write up your agreement. Bring it in next week to see if you and your negotiating partner have drawn up the same agreement.
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