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View Recommended Citation Carrie Sperling, Priming Legal Negotiations Through Written Demands, 60 Cath. U. L. Rev. 107 (2011). Available at: http://scholarship.law.edu/lawreview/vol60/iss1/6 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact edinger law.edu. PRIMING LEGAL NEGOTIATIONS.
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Resol FAQ
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How to Negotiate With an Attorney Research First. Start by getting a basic understanding of the different ways that lawyers can charge you. ... Consider a Flat Fee. ... Consider an Hourly Fee. ... Consider a Contingency Fee. ... Ask for Fees in Writing. ... Cut the Extras. ... Look Outside Your Area. ... Explore Your Options and Find a Cheaper Attorney.
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The two primary approaches to negotiation are adversarial and problem solving,¹4 The adversarial approach focuses on the rights and power of the parties. The problem-solving approach focuses on the interests of the parties.
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Negotiation is a voluntary and usually informal process in which parties identify issues of concern, explore options for the resolution of the issues, and search for a mutually acceptable agreement to resolve the issues raised. The disputing parties may be represented by attorneys in negotiation.
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For example, in negotiating an agreement to enter into a corporate merger, parties will negotiate, among other things, price, representations and warranties, covenants, assumed liabilities, conditions to closing the deal, and indemnities. Parties may also negotiate to reach an out-of-court settlement.
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Top tips: Negotiation can only happen if people communicate. Communication is a two-way process. Do not be afraid to ask questions in order to gather information. Don't forget to listen. You already know your position. ... Information from the other side might actually help you to reach a settlement.
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For example, in negotiating an agreement to enter into a corporate merger, parties will negotiate, among other things, price, representations and warranties, covenants, assumed liabilities, conditions to closing the deal, and indemnities. Parties may also negotiate to reach an out-of-court settlement.
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The 7 Step Plan for Improving Your Negotiation Skills 1) Prepare & know what you want. ... 2) Understand their side and aim for a solution that suits all parties. ... 3) Consider alternatives. ... 4) Listen and communicate. ... 5) Authenticity. ... 6) Know your audience and tailor your response. ... 7) Don't take things personally.
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You may want to have a first draft of an agreement written before meeting with the other party. Try to keep the discussion ordered when meeting with the other party. Make a checklist of topics to discuss during the negotiation. Listen to the other party and their concerns.
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