ONLINE LS Negotiation activities ALL STATES 2022_12_13

Lawyer’s Skills Negotiation and dispute resolution workshop Activities INDEX Activity 1: Evolution of trust or X/Y game ....................................................................... 2 Activity 2: First negotiation ............................................................................................. 3 Activity 3: Critique of negotiation .................................................................................... 4 Activity 4: What is your individual negotiating style profile .............................................. 5 Activity 5: Second negotiation ...................................................................................... 10 Negotiation plan, self-assessment sheet and heads of agreement .............................. 11 Heads of agreement .................................................................................................... 18 e42f9518251e0e66c6c54c8368e196bc03123a35.docx Page 1 of 15 © The College of Law Limited NOTE: This Activity document is your workbook for the workshop and demonstrates your participation within the workshop. You are to complete the activities as directed by your lecturer throughout the workshop . This Activity document is to be submitted via the submission page for this workshop. The link to the submission page is located on the Home page to Lawyer Skills course.

Activity 1: Evolution of trust or X/Y game What are some key “takeaways” for this activity?  What have you learnt from this exercise?  How is this applicable in negotiation? - That building a relationship and rapport is important - That it is important to find a win win situation - Communicating clearly helps - Trust is central to negotiation Activity 2: First negotiation You will be assigned a case study. You are to role-play a lawyer acting on behalf of one party in the case. You will be paired with a participant acting on behalf of the other party. You will then negotiate with each other to reach an outcome. What have you learned from this activity? Key points:  Anchoring is important to set the tone of the negotiation so that you start at the highest amount that Nic would like to get [start high to leave room to negotiate down]  Listening to the other party first offer and questioning the rational for their opening offer to understand their starting point.  Used previous figures as a guide [$500,000]  Listen to other the other party and expressed response to make them move their position.  Having to trust the other party and their lowest and highest offer is important so that we do not reach a stand still.  Clear communication about what my client is willing to compromise to get to a common ground.  We can consider fringe benefits to increase the value (win) for the client. Activity 3: Critique of negotiation You are required to watch a negotiation vignette. Based upon what have been discussed in the workshop, write a critique about the negotiation:  how was the negotiation flawed?  what did the negotiators do well? e42f9518251e0e66c6c54c8368e196bc03123a35.docx Page 2 of 15 © The College of Law Limited

 what are some suggestions you have for the negotiators to improve their negotiation performance? Key points: Flaws:  The attitude of the lawyer  There were personal comments/ attacks made against the other party which can thus affect rapport with other party and the trust  The lawyer was undermining the opposing lawyer  Referred to ca previous case that the opposing lawyer did badly in  It is apparent that the client was not briefed on what the lawyer strategy was – this consequently affect rapport with client.  Use of case that does not apply  Sitting arrangement was very adversarial Things done well:  The lawyers were trying to get what their clients wanted Suggestions  Be more collaborative  Not be dismissive or undermining e42f9518251e0e66c6c54c8368e196bc03123a35.docx Page 3 of 15 © The College of Law Limited

Activity 4: What is your individual negotiating style profile You are required to complete the negotiation style profile quiz online through the Lawyer’s Skills Negotiation and Dispute Resolution Workshop page with automated scoring. To use the online quiz, follow these steps please:  click link in Lawyer’s Skills Negotiation and Dispute Resolution Workshop page  open document by selecting “Open as” Google Sheet or go to top right corner to “Open original” in Excel, and  within the document, click on “Enable editing” to insert your responses. If you wish to do this manually, the quiz is set out on the next page. e42f9518251e0e66c6c54c8368e196bc03123a35.docx Page 4 of 15 © The College of Law Limited

Negotiating style profile Directions : There are 30 statements in this instrument. Please respond to each statement by circling the number of the response that most accurately reflects the extent to which the statement is descriptive of you or your thinking. Then continue with the key scoring instructions below. Please be candid with your responses. This instrument is best used solely as a self–evaluation exercise. STRONGLY DISAGREE ................................................................. 1 DISAGREE SOMEWHAT ................................................................ 2 NEITHER AGREE OR DISAGREE ................................................. 3 AGREE SOMEWHAT ...................................................................... 4 STRONGLY AGREE ....................................................................... 5 Statements 1 When I negotiate, my interests must prevail. 1 2 3 4 5 2 I try to reach a result based on objective criteria rather than just my demands. 1 2 3 4 5 3 I always try to avoid unpleasant confrontations. 1 2 3 4 5 4 Negotiations are adversarial. 1 2 3 4 5 5 I will yield to principle, not pressure. 1 2 3 4 5 6 I often feel I lack the power to produce a successful outcome. 1 2 3 4 5 7 I enjoy the reputation of a tough battler. 1 2 3 4 5 8 Negotiation may be said to be effective when both parties get their needs satisfied. 1 2 3 4 5 9 Half a loaf is better than none. 1 2 3 4 5 10 Negotiation is a contest of wills. 1 2 3 4 5 11 You may have to make concessions to the other party to build the relationship. 1 2 3 4 5 12 Realistically, you can only get what others are willing to concede. 1 2 3 4 5 13 I believe you should do unto others before they do unto you. 1 2 3 4 5 14 Pleasant, courteous relationships produce the best results. 1 2 3 4 5 15 My philosophy is, “You have to give something to get something”. 1 2 3 4 5 16 An effective negotiator employs threats, bluffs, and surprises. 1 2 3 4 5 17 I generally try to “go with the flow”. 1 2 3 4 5 18 Split the difference is my motto. 1 2 3 4 5 19 Effective negotiators develop a partnership. 1 2 3 4 5 20 A soft word can win a hard heart. 1 2 3 4 5 21 Don’t stir up a hornet’s nest; it’s never worth the trouble. 1 2 3 4 5 22 When negotiating, I attempt to work through our differences. 1 2 3 4 5 23 I search for the solution the other party will accept. 1 2 3 4 5 24 My approach is always to meet the other party half way 1 2 3 4 5 25 Negotiating success is achieved when both parties feel they have won. 1 2 3 4 5 26 I often let others take responsibility for solving the problem. 1 2 3 4 5 27 When I negotiate, I put a lot of effort into looking for trade–offs so each party gets something out of the deal. 1 2 3 4 5 28 I yield to pressure to reach agreement. 1 2 3 4 5 29 I put off decisions until I have time to think them over. 1 2 3 4 5 30 In a negotiation, no one gives up or gains everything. 1 2 3 4 5 e42f9518251e0e66c6c54c8368e196bc03123a35.docx Page 5 of 15 © The College of Law Limited