Using the file from
Activity 1.1
you will be acting as the lawyer for one of
the parties in a two-sided matter.
Drawing on the facts contained in the file, draft a negotiation plan in
preparation for conducting a negotiation.
The negotiation planning guide will include:
the information available in the common facts
the confidential facts applicable to your client, and
legal research.
When drafting your negotiation planning guide, you should:
define your client's goals and clarify (check and re-check) their
instructions
research the other party’s legal position and likely factual
position
define your client's interests and consider the other party's
interests
identify the issues
formulate and identify a settlement proposal, and
consider the structure and the alternatives:
o
What’s the BATNA (Best Alternative to a Negotiated
Agreement)? What would be the best outcome if the
parties cannot agree (eg litigation and judgment for
your client)?
o
What’s the WATNA (Worst Alternative to a Negotiated
Agreement)? What would be the worst outcome if there
was no agreement (eg litigation and judgment for the
other party)?
o
What’s the ZOPA (Zone of Possible Agreement)? What is
the likely zone or range of the potential agreement? (Eg
a negotiated outcome which includes agreement on
some or all of the interests which you have identified in
planning the negotiation.)
