Effective Legal Negotiation and Settlement
Presented in partnership with the Monroe County Bar Association
December 18, 2019
8:30 a.m. - 4:00 p.m.
6.0 hrs. CLE/1.0 hr. Ethics (live credit)
**This will be a moderated live stream of a course simultaneously taking place in Columbus, OH, presented by the Ohio State Bar Association. The course will take place in-person in Bloomington, IN.
This course will provide answers to these and other practical, everyday questions:
• How can you set the appropriate tone for a legal negotiation session?
• How does your personality affect your ability to achieve successful bargaining results?
• Why is the first real offer so critical, and how do you induce the other side to make it?
• When is it more advantageous to negotiate over the telephone instead of in person?
• What does the research show about bargainers who begin legal negotiations with extreme rather than more moderate demands?
• How can silence be used as a powerful legal negotiation technique?
• Is it a good idea to have your client present during negotiating sessions?
• When is it appropriate to make concessions?
This lecture/workshop for attorneys is designed to help you understand general negotiating principles and apply them. Research has shown that confident negotiators achieve more favorable settlements than their less certain cohorts. This course will enhance your confidence by improving your ability to recognize various legal negotiating tactics.
This course takes a practical approach: Registrants engage in negotiation exercises to improve their understanding of the legal negotiation process. One hour of the program features a discussion and exercise regarding the ethical considerations of “strategic misrepresentation.”
8:30 am – 12:00 pm Morning Session (3.0 CLE)
- Basic factors affecting legal negotiations: negotiator styles; personal and psychological influences; how to prepare for a negotiation; establishing the tone for negotiations
- Silent negotiation exercise: demonstration of the importance of verbal interaction during negotiations
- Negotiation exercise
- Negotiation stages: information bargaining to examine opponents’ needs and desires; competitive or power bargaining and cooperative or share bargaining
12:00 – 1:00 pm Lunch on own
1:00 – 4:00 pm Afternoon Session (3.0 CLE/1.0 Ethics)
- Importance of nonverbal communication: influence of nonverbal signals; examples of their effect on legal negotiations; interpreting your opponents’ nonverbal signals
- Negotiation games: psychological games; recognizing and responding to games; using game techniques and defending against them
- Negotiation exercise
- Cultural aspects of legal negotiations: male/female negotiations; role of stereotypes and appearances; minimizing cultural conflicts
- Specific legal negotiation issues: litigation settlement; presence of the client; diminishing strength of powerful opponent; enhancing a weak bargaining position; telephone and e-mail negotiations; client acceptance of settlement against advice of counsel
- Ethical considerations: is “strategic misrepresentation” permissible? When must you disclose information? With reference to the Ohio Code of Professional Responsibility
4:00 pm Adjourn
Registration and Pricing
Special pricing is available for ISBA and MCBA members! Attendees may choose to register for the entire day OR just the morning or afternoon sessions. Please register no later than Monday, Dec. 16.
|ISBA/Monroe County Bar Association Member
A $25 service fee will be applied to cancellations received at least seven days prior to the program. No refunds will be issued for cancellations received within seven days of the program. If you send someone else in your place, please provide the ISBA with that person's name.
Thank you to our friends at the Ohio State Bar Association for hosting and streaming this program!