YOUR INSTRUCTOR WILL PROVIDE YOU WITH THE FACT PATTERN (DETAILED SCENARIO) FOR THIS NEGOTIATION.

Roles – Paralegal for the Plaintiff and Paralegal for the Defendant

STEP ONE OF THE NEGOTIATION PROCESS – PREPARATION

Focus primarily on the preparatory stages for negotiation.

• In pairs, demonstrate how you will take the knowledge gained in this course and create objective criteria which would demonstrate as fair and objective.

• Special care should be taken to show that your target point will not only involve dollars and cents in the negotiation, but also other specific needs for your client.

• Define your clients’ interests, be careful to list them all and then go on to prioritize which are most important and which in fact can be modified, altered, or sacrificed.

• Establish their resistance, or walk away, point, and examine what the BATNA and WATNA would be. 

• Look at how to formulate the opening bid and what effect this would have on subsequent negotiation.

• Look at how easy or difficult it would be to establish a collaborative bargaining atmosphere and what attempts you might make to establish collaborative bargaining in advance of negotiations.

ROLE PLAY:  THE NEGOTIATION PRESENTATION

• Ensure that you ARE NOT aware of the other side’s underlying interests and motivations at the outset.

• You will be provided 20 minutes to carry out this negotiation to carry out each phase of the negotiation.

• Each side should have an opportunity to withdraw to list their interests, set their priorities, and fully understand their most desired result and bargaining range.

•  When you come together to negotiate, emphasis should be placed on understanding the process of ritual opening, exchanging of opening bids, and so on.

• In conducting the negotiation, students should bring it through the problem-solving stages to a conclusion.

DISCUSSION AFTER THE NEGOTIATION (TO BE PRESENTED)

• After you are finished you will be provided 10 minutes to exchange information and discuss whether you have reached an optimum agreement or whether a better transaction could have been arranged that would have more successfully met both parties’ interests.

• Students should also discuss how honest and open they were about divulging interests or alternatively, how strongly they felt it was important not to.

• Students should also examine whether their primary motivation was to get the best possible deal for themselves or to jointly figure out away of creating a win/win solution.

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