Negotiation is the art of coming to a mutually-beneficial bargain with another party – one that meets the needs of both your client and that of your opponents. Lawyers are regularly put in situations where they have to negotiate on behalf of their clients. In our competitions, this will involve you being given a set of common facts (which both teams receive) and confidential facts (which only you receive), and following the directions contained in these facts to come to a deal. The skills that negotiation will test you on are your ability to maintain a good relationship with your opponents; your ability to meet the needs of your client without ignoring the needs of your opponent’s client; and your ability to act ethically throughout the negotiation process.
See an example problem here
What criteria am I judged on?
Planning and procedure
Strategy and flexibility
Outcome
Team Work
Relationship with other team
Self reflection
Negotiation ethics
Why should I do Negotiation?
In comparison to mooting, negotiation does not require large amounts of preparation time or knowledge of much law – instead, it tests you on practical skills that you won’t necessarily get much drilling in the classroom. These skills will, however, have a great deal of application throughout your career – the ability to advocate for your client’s interests, come to mutually-beneficial deals with other lawyers, maintain good working relationships with your colleagues, and act ethically are all incredibly important skills for lawyers to have. With the rise of alternative dispute resolution in legal practice, the real-world and commercial skills you pick up from negotiation will make you more employable and a better lawyer.
