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Negotiation Strategies in Corporate Law
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Principled Negotiation
Principled Negotiation is based on the merits of the case and involves problem-solving techniques where the parties' interests are the focal point. In corporate law, this strategy can help to achieve a fair and amicable settlement through objective criteria.
Logrolling
Logrolling is a strategy where parties trade off wins on issues of different or unequal value. In legal negotiations, logrolling allows each side to make concessions on less critical issues while gaining on those with higher importance.
The Agreement Principle
The Agreement Principle suggests focusing on creating an agreement that is wise and efficient and improves the parties' relationship. In legal negotiations, emphasizing the value of an enduring and beneficial relationship can motivate a mutually advantageous agreement.
Reciprocity
Reciprocity is the principle of mutual exchange where one party's concession leads to a reciprocal concession by the other party. In legal negotiations, it can create goodwill and a sense of fairness that facilitates the agreement process.
Bracketing
Bracketing involves setting a range of acceptable outcomes. In legal negotiations, bracketing can steer the conversation towards a middle ground and away from extreme positions.
Framing
Framing refers to the way information and issues are presented and positioned within negotiations. In legal scenarios, framing can shape how a proposal is perceived and can be applied to highlight the benefits and minimize the drawbacks of an offer.
Nibbling
Nibbling is a tactic where small additional demands are made after the main elements of the deal are agreed to. In legal negotiations, nibbling can sometimes procure small but significant concessions; however, it should be deployed carefully to avoid bad faith.
ZOPA
Zone of Possible Agreement (ZOPA) exists where there is an overlap between the parties’ expectations on what they are willing to accept. In legal negotiations, understanding ZOPA can help lawyers determine the space for compromise and focus discussions towards reaching an agreement.
Exploding Offers
Exploding offers are those with a very tight deadline to pressure the other side to agree quickly. In legal contexts, such offers can push the negotiation forward but can also strain relationships and may be viewed as aggressive.
Incremental Concessions
Incremental Concessions involve giving up small concessions gradually rather than all at once. In legal negotiations, this can demonstrate flexibility and reasonableness without sacrificing significant ground too soon.
Interest-Based Negotiation
Interest-Based Negotiation focuses on the underlying interests of the parties rather than their positions. In corporate law negotiations, identifying interests helps create value and integrative solutions that benefit all parties.
BATNA
Best Alternative to a Negotiated Agreement (BATNA) is the most advantageous alternative course of action a party can take if negotiations fail and an agreement cannot be reached. In legal negotiations, knowing your BATNA provides leverage and assists in making informed decisions about settlement offers.
Positional Bargaining
Positional Bargaining is a negotiation tactic where a party states their position and makes concessions to reach a compromise. In legal negotiations, positional bargaining can be less effective than interest-based negotiation because it may lead to suboptimal agreements.
Package Deals
Package Deals involve negotiating a set of related issues together instead of separately. In legal negotiations, package deals can help reach a comprehensive solution that satisfies multiple interests at once.
The Decoy Technique
The Decoy Technique involves introducing an unimportant issue to distract from the real issues at stake. In legal negotiations, a decoy can be used to shift focus and make the other party reveal their priorities or make concessions on key issues.
Silence as a Tactical Tool
Silence can be used strategically in negotiations to apply pressure or invite the other party to speak and potentially reveal information. In legal negotiations, silence can be a powerful tool to gain a psychological edge.
Deadlock
A Deadlock occurs when negotiations come to a standstill, and parties cannot find a solution. In legal negotiations, recognizing a deadlock can provide an opportunity to take a break, reassess strategy, and find new ways to move forward.
Hardball Tactics
Hardball tactics involve aggressive and sometimes unethical negotiation techniques that are high-pressure and confrontational. Used in legal negotiations, they can potentially lead to a quick settlement, but may harm long-term relationships and reputations.
Anchoring
Anchoring is a negotiation strategy where an initial offer or position set the standard for the rest of the negotiations. In legal negotiations, starting with a strong anchor can shift the settlement discussions to your client’s advantage.
Scarcity Principle
The Scarcity Principle implies that opportunities that are scarce or limited are more valuable. In legal negotiations, emphasizing the scarcity or time-limited nature of an offer can increase its attractiveness to the opposing party.
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