NEGOTIATION SKILLS

Henry L. Hecht and other members of The Hecht Training Group offer a practical one- to two-day workshop which combines simulations and group discussion.

FORMAT

The workshop stresses the "learning by doing" method of skills teaching. This workshop is intended for both litigations and transactional laywers.

Participants negotiate mock problems before faculty observers, consisting of experienced attorneys from your office working with the instructor. After individual critique sessions, there is a group discussion led by the trainer to compare results and techniques. If desired, the negotiation exercises can be videotaped for one-on-one review and critique. As an alternative to using attorney observers, the problems are negotiated by the participants, followed by group discussion lead by the trainer.

The length of a program depends on the number and nature of the problems which are negotiated. In addition to the simulations, the workshop can include lectures on preparing to negotiate as well as on negotiating tactics and countermeasures. Some firms prefer to schedule the lectures before the workshop, rather than during the workshop itself. If the lectures are held before the workshop, a speaker's outline is provided to the in-house faculty.

The first part of the workshop focuses on the competitive approach to negotiating, sometimes referred to as "win-lose" bargaining. The second half examines the problem-solving approach, sometimes referred to as "win-win" bargaining. The use of negotiation exercises in different contexts, with no requirement of specialized knowledge, allows both litigators and non-litigators to participate.

Topics discussed during the workshop include: target setting; first offers and demands; concession patterns; how to give, get and guard information; differences in competitive and problem solving techniques; creating a negotiation agenda; and breaking deadlocks.

There is no limit on the members of participants, however, the number is contingent upon the number of available in-house faculty. (If individuals are not observed, there is absolutely no limit on the number of participants.) To train the attorneys who serve as in-house faculty in the techniques of observation and critique, the workshop is preceded by a faculty meeting.

MATERIALS

The mix of simulation excercises are chosen in consultation with the client. The problems have a common fact sheet and separate "confidential information," including a statement of client authority. In addition, for each exercise, there is a negotiation preparation form to be completed by each participant. The form focuses the participants on how to prepare and may be used for review of individual performances in light of initial plans.