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Uncover New, Real-World Tactics That Can Win Your Next Negotiations

Have you ever left legal negotiations feeling like the outcome could have been much better? Have you ever been stuck in a deadlock or had a hard-won agreement fall apart? Our seasoned faculty will provide you with practical tips and tactics that will help you refine your negotiating strategy so you can get quicker, better results in every case. Power up your negotiating skills with real-world strategies from seasoned attorneys - register today!

  • Discover how to boost your leverage to gain a positional advantage.
  • Learn how to adjust your strategy and tactics to counter the other side's.
  • Find out what your negotiation weaknesses are and how you can eliminate them.
  • Use clever legal tactics and psychology to get what you want out of negotiations.
  • Gain practical tips for avoiding and overcoming impasse in legal negotiations.
  • Get creative pointers on handling difficult opposing counsel, emotional negotiations and other sticky scenarios.
  • Learn how to navigate the ethical line between puffery and misrepresentation in negotiations.

  1. Pre-Bargaining Strategy: Leverage, Timing and Preparation
    9:00 - 9:40, Noah H. Gibson
    1. Arm Yourself with Information - Quickly
    2. Case/Issue Analysis and Calculating Settlement Value
    3. Increasing Your Leverage When Seemingly Powerless
    4. Getting the Ball Rolling Without Appearing Desperate to Settle
    5. Timing Strategy and Form of Resolution
    6. Planning for First Offers and Ensuing Offers
    7. Controlling the Agenda and Tactical Use of Deadlines
    8. Preparing for Negotiation Sessions
  2. Creative Use of Negotiation Styles (w/Real-World Scenarios)
    9:40 - 10:20, Andrew D. Stewart
    1. Making Things Easy
    2. Finding the Middle Ground
    3. The Collaborative Approach
    4. The Aggressive Negotiator
    5. The Evading Technique
    6. The Walk-Away Strategy
    7. Counteracting Opposing Counsel's Style
  3. Know the Opposing Side, Their Techniques and Effective Countermoves
    10:35 - 11:15, Noah H. Gibson
    1. Investigating the Other Side and Asking the Right Questions
    2. Negotiating with Attorneys vs. Non-Attorneys
    3. Reading Verbals and Nonverbals
    4. Playing on Their Interests and Expectations
    5. How to Counter Different Tactics
    6. Addressing Their Strongest Arguments
    7. Responding to Unanticipated Moves
  4. Negotiating Tactics and Psychological Strategies to Gain the Edge
    11:15 - 12:00, Andrew D. Stewart
    1. Negotiating Tactics: What Works, What Doesn't
    2. Settlement Negotiating Psychology
    3. Tactical Use of Cognitive Biases (Framing, Anchoring, etc.)
    4. Putting the Other Side at Ease
    5. Powerful Openers; Framing Your Position and Offer
    6. Designing the Right Offer-Concession Strategy
    7. Revoking an Offer and Making Counteroffers
    8. Mitigating the Impact of Weaknesses in Your Position
    9. Settlement Agreement Traps
  5. Using Depositions, Experts and Evidence as Negotiating Tools
    1:00 - 1:40, Noah H. Gibson
    1. Strategic Disclosure (and Avoiding Disclosure)
    2. Deposition Tactics to Improve Settlement Results
    3. Using Experts to Help Settle Your Case
    4. Persuasive Use of Evidence, Exhibits, PowerPoints, etc.
  6. Pushing Past Impasse and Dealing with Difficult Negotiators
    1:40 - 2:20, Georgia K. McMillen
    1. Creative Strategies to Avoid Impasse
    2. Techniques to Move Negotiations Beyond Deadlock
    3. Negotiating with Hard Bargainers and Difficult Personalities
    4. Handling Emotionally-Charged Negotiations
    5. Responding to Ultimatums, Delays and Inflexibility
    6. When Their Conduct Crosses the Line
    7. What to do When all Else Fails
  7. Walking the Ethical Line
    2:35 - 3:35, Georgia K. McMillen
    1. Valid Strategy vs. Negotiation Misconduct
    2. Posturing vs. Puffery vs. Misrepresentation
    3. Avoiding Conflicts of Interest
    4. Managing Client Expectations
  8. Strategies to Avoid Trouble Down the Road
    3:35 - 4:10, Tom S. Tanimoto
    1. Authority to Settle Issues: Unsophisticated Clients, Legal Entities, etc.
    2. Communications: Avoiding Misunderstandings
    3. Documenting the Settlement: Practical Pointers
    4. Checklists and Form Settlement Agreements
    5. Confidentiality of Settlement Terms and Agreements
    6. Admissibility of Settlement Negotiations
  9. Top 10 Mistakes Even Experienced Negotiators Make
    4:10 - 4:30, Tom S. Tanimoto

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