In my recent podcast, I flew solo and addressed negotiation - an abridged version of the longer presentation I have delivered in various boardrooms.
Negotiation has been an integral component of human interaction since the earliest formation of human groups- serving as a fundamental mechanism for managing relationships, resolving conflicts and facilitating co-operation.
As a lawyer deeply entrenched in both legal and leadership perspectives, I have come to realise that negotiation is an art that, when mastered, can be transformative in both the legal industry and the broader business arena.
Understanding Negotiation Beyond Positions
Although negotiation has been a fundamental aspect of human interaction for millennium, it has only recently been examined as a distinct discipline. Scholars such as Fisher and Shapiro were instrumental in advancing the field, highlighting that beneath stated positions and objections often lie deeper motives and underlying interests.
Trust-Based vs Adversarial Negotiations
There are two primary negotiation styles or approaches we encounter, particularly relevant to the legal industry:
1. Trust-Based Negotiation:
This is where we aim to dwell most. It thrives in environments where mutual respect and understanding are paramount, such as among colleagues, clients, and partners. Establishing trust involves several key strategies. First, listen before passing judgement. Discovery and understanding are critical in negotiation. Building rapport is another vital skill. Genuine connections pave the way for effective communication and trust. Consistency in setting and maintaining boundaries is essential; it conveys honesty and reliability. As leaders, we must walk our talk, fulfilling promises to cultivate a culture of trust.
2. Adversarial Negotiation:
This style is used by lawyers who 'armour up' in litigation contexts, where the focus shifts to results, winners, and losers. Here, negotiation often becomes a game of incremental concessions and strategy. That said, even in such environments, trust isn't entirely absent. Ethical considerations anchor the process as do relationships within the profession, ensuring integrity remains a guiding principle.
Leveraging Key Variables
Regardless of the style, three variables frequently influence negotiations: power, time, and information. Understanding how these elements interplay can shift the dynamics in your favour. For instance, power isn't just about holding the purse strings; it encompasses narrative strength and emotional resonance. Time can be a negotiator's ally or adversary, dictating the pace and pressure of discussions. Finally, information is the cornerstone of negotiation, serving as a conduit for truth and clarity.
The Role of Emotions
Negotiations are as much about emotion as they are about logic and strategy. Emotions like appreciation, affiliation, and respect for autonomy hold sway over dialogical spaces. Recognising these emotional undercurrents allows us to engage more empathetically, recognising the innate human need to be seen and heard, even in highly stressful litigation contexts.
Negotiation is an intricate dance, requiring a balance of empathy, strategy, and ethical considerations. Whether rooted in trust or positioned more adversarially, mastering negotiation can lead to profound outcomes in both the legal profession and the broader business world. By focusing on interests over positions, leveraging key negotiation variables, and acknowledging the emotional dimensions at play, we can refine our approach, negotiating not just agreements but lasting and meaningful partnerships.
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.
