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25 Pass It On: Newsl. Gov't & Pub. Sector Law. Div. 1 (2015-2016)

handle is hein.journals/passit25 and id is 1 raw text is: Seven TkI p,\s f or Bek\tt er .1mue goti ati ons By Joan Stearns Johnsen and Katherine Mikkelson . matter what type of law you practice, the ability to negotiate well is a vital skill. Whet her settling a claim, obtaining favorable terms on a service contract, or reach- ing a plea deal, you are engaged in the act of negotiation. Follow these tips to become a better negotiator. L Praratio and anig aare parasmat One of the most frequent mistakes lawyers make is failing to prepare for a negotiation due to a belief that the parameters can only be determined after learning an adversary's demands or offer. Don't make this error! Preparation is key to achieving a desired outcome. To prepare properly, you must gain a full understanding of both your client's and your adversary's positions. First you must accurately determine your client's spe- cific priorities. Find out what your client absolutely must have and what is desirable but not essential. Work with your client to develop a list of must-have items, second- ary points that are important, but not vital, and low priority goals. Keep in mind the option to trade away the latter, especially if they are must haves for your adversary. Two key questions for your client are a) if you could get everything you wanted from this negotiation, what you would want in. thefinal agreement? and b) If everything goes poorly, what would be the very least you would accept in a final agreement? Therefore, try to determine with your client what the other side wants. Do your due diligence by researching prior cases, news articles, your opponent's website, and their social media outlets. For example, in a construction dispute, if your contractor supplied a standard product which he claims had been approved, but is actually not suitable, be prepared to discuss whether or not the product installed actually had been approved (which would go to the issue of liability), and also extensively research the costs of possible options for ameliora- tion. You should determine the contractor's actual labor and sup - ply costs, compared to what he >1 yw might charge. Your preparation should involve investigating the soft costs for both both parties in terms of construction delays and litigation costs if the issue is not informally resolved. Give SOW somne thougwht as to the value of a continuing relationship with the contractor and the possibility of future projects. Furthermore, think about whether the contrac- tor has engaged counsel or will be negotiating directly. Think I strategically about whether the appropriate person to conduct the negotiation is the project manager for your entity rather than a lawyer. If this is the case, it may be a better idea for you to coach from behind the scenes. iber 1, Fall 2015. @ 2015 by the American Bar Association. Reproduced with permission. AlI hmation or any portion thereof y form or by any means or stored in an electronic database or retrieval system witho erican Bar Association.

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