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PEAT2
Negotiating Skills

Intended audience:
Scottish Trainees

Duration:  
5 hours

Format:  
Small group workshop focusing on a practical case study based negotiation exercise, with coaching and feedback to participants during and after their performance in the negotiation exercise.

Objectives:
On completion of this course, delegates will be able to:

  • identify and analyse the facts and key legal issues in a dispute,
  • assess bargaining positions of the client and the other party to the negotiation,
  • understand the core principles of negotiation,
  • understand appropriate negotiation strategies and tactics, including identifying the strategy and tactics likely to be used by the other party to the negotiation, and
  • be able to plan and demonstrate the use of appropriate negotiation strategies.

Topics:

  1. Identifying and Analysing facts and key legal issues in a dispute
  2. Core Principles of Negotiation
  3. Strategy Models for Negotiation
  4. The Legal Function in negotiations
  5. Tactics in Negotiation
  6. Closing and Finishing Off

Outcomes:
The PEAT2 outcomes relevant to, and covered by, this course are listed below:

  • Understanding the theory of different approaches to negotiation, including facilitated negotiation
  • Preparing for negotiation, developing a plan of action based on the factual and legal issues, an assessment of the client’s objectives, strengths and weaknesses of the case
  • Negotiating according to the situation and matter in hand (cooperative, problem solving, or adversarial as appropriate) and taking client instructions throughout negotiation, staying within agreed instruction and remit, or seeking instruction where is unclear.
  • Leading negotiation strategically, responding to offers and making concessions, and remaining flexible.
  • Negotiating according to the practice and conventions of your areas of practice.
  • Developing your own negotiating techniques and being able to reflect on your success, or otherwise, in the context of a transaction.
  • Negotiating ethically, treating all those involved with truthfulness, honesty and civility

Assumed level of prior knowledge and experience
In terms of knowledge, the relevant PEAT1 outcomes are assumed.

It is assumed that you would not previously have had experience of negotiation skills and related issues in the legal workplace. However you will bring experience amassed during your education and from life.

The Training Team

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