Programs


bullet IMMERSION IN ENGLISH & U.S. BUSINESS LAW


bullet ORIENTATION IN U.S. BUSINESS LAW

bullet NEGOTIATION PROGRAM

NEGOTIATION PROGRAM:
Negotiating Across Borders and Cultures

DESCRIPTION

The Negotiation Program is designed to help us become better negotiators, both in our own countries and across borders. Negotiation is an art and a skill that can be learned and which we can improve through training and practice. The teaching methods used in the Negotiation Program have been used for decades in professional schools of universities and in post-graduate professional training programs in the United States. These methods teach skills that are valuable and effective for negotiations in both the private and public sectors. The Program uses a combination of readings, discussions, practice techniques, and role-playing exercises that are performed by the participants. The role-playing exercises are videotaped and are then analyzed by the professors and participants for maximum benefit. The Negotiation Program gives the participants a firm grounding in the basics of negotiating and a methodology and structure that are usable for all future negotiations.

The main instructor for the course will be Professor Martin Kriegel.

The Negotiation Program offers a systematic approach to negotiating. The fundamental principles of the Negotiation Program are:

  1. Negotiation is a skill that can be learned and improved by analysis and practice.
    1. Effective negotiation requires a systematic approach that is adaptable to differing circumstances.
    2. Effective negotiation requires that we plan a negotiation comprehensively before we begin talking.
    3. Effective negotiation requires that we, as negotiators, are able to remain centered and not respond emotionally.
    4. Effective negotiation requires that we know when and how to make a deal and when and how to walk away.
    5. The Negotiation Programs teaches a well-established, systematic approach to negotiating that is grounded on comprehensive planning. The Program includes training for the negotiator in how to remain focused and centered even in the middle of highly stressful situations. The Program uses well-established teaching methods, including practice negotiations and critiques, to reach these goals.
  2. Negotiation is a process that is most effective when a negotiation is grounded in principles and values and not just on maintaining a position.
    1. Effective negotiating requires us to be able to find out and to understand the real interests of our own clients and the real interests of the other side.
    2. It requires that we develop communication techniques that allow us to correctly interpret what the other side is saying and to communicate our own wishes clearly.
    3. Effective negotiation requires us to develop awareness of our own personal and cultural "filters" that can distort the information we both receive and give.
    4. The Negotiation Program uses established techniques to explore and develop awareness of those personal and cultural filters in order to allow us to understand more clearly what is happening in a negotiation situation.
Some of the major areas covered in the program are:
  • What it means to be a professional negotiator
  • How to develop awareness - of ourselves, our goals, and the interests and goals of the other side
  • Learning the stages of a negotiation
  • The importance of and techniques of planning
  • Determining your goals - and figuring out theirs
  • Information - what it is, how to get it, when to trade it
  • The difference between negotiating from interests and negotiating by positions
  • Determining the real interests of the parties - both the interests of your client and the interests of the other side
  • Understanding and figuring out your options
  • Body language - how to read it; you are already speaking it!
  • Listening - the most important skill we can learn
  • Silence - its value and uses
  • How to get centered - and how to stay centered when all about you is falling apart
  • How to "own the room" - how to find and use your own power
  • Learning mindfulness techniques to help maintain focus and calm during negotiations
  • How to use the same visualization techniques used by world-class athletes to visualize success -- in order to help us succeed
  • The importance of using practice role-playing in real-world negotiations
  • Understanding the different styles of negotiators
  • Exploring basic game theory
  • What are zero-sum games? (Dividing the pie)
  • What does it mean to be a competitive negotiator? Is this a good thing to be?
  • What is a cooperative negotiator? Is this a good thing to be?
  • The value of thinking "outside the box"
  • Looking for additional gains
  • Creating an environment for greater gains
  • Searching for synergy
  • How to understand language - for example:
  • When does "no" mean "maybe"?
  • When does "maybe" mean "no"?
  • The importance of understanding the role of culture - for example:
  • Is there an "American" style of negotiating? If so, how can we recognize it?
  • Is there a Japanese style of negotiating? A Brazilian style? A Mexican style? A French style? A Chinese style? Etc. (We will look at many different cultures and cultural issues that influence negotiations.)
  • How to use the advice: "Don't get angry; get what you want."
  • The value of asking questions
  • How to ask questions
  • How to listen - with our ears, minds, eyes, and hearts
  • What to listen for
  • How to establish a rapport with your counterpart
  • How to "read between the lines"
  • How to "read" body language - and how body language differs in different cultures
  • How to "read" a bow
  • How to "read" a handshake
  • How to "read" their clothing!
  • The importance of understanding the full "context" of a negotiation in order to understand what is going on
  • The importance of understanding the nature of reality and perception
  • Becoming aware of cultural "filters"
  • Appealing to values and interests - not just arguing from an established position
  • The art of rhetoric - how to achieve your goals through persuasion
  • The nature of rhetoric and persuasion in different cultures
  • Dealing with "hardball" negotiators and tactics
  • When to walk away
  • When to stay
  • Planning our negotiation - and negotiating according to our plans

©2008 American Institute for Legal Education