The Art of the Successful Negotiation
In the legal world, negotiation is a skill that separates the good lawyers from the great ones.
Whether in the courtroom, the conference room, or the mediation table, the ability to negotiate effectively can make all the difference in achieving favourable outcomes for clients.
Great negotiation is an art form that combines strategic thinking, persuasive communication, and an understanding of human behaviour to navigate the complex landscape of legal disputes.
“There are often some misconceptions around what amounts to a successful negotiation.”
This is one of those areas that can mean different things to different people. A lot of people think a gloves-off approach is the only way, but I have found this is not always best.
Negotiations arise on a daily basis in my practice as a lawyer working across Maryborough, Hervey Bay, Gympie, Bundaberg, The Sunshine Coast and Brisbane and over the last decade.
I’ve negotiated many things for my clients from the division of multi million dollar asset pools in family law property settlement proceedings right through to local neighbourhood disputes.
I regularly represent client’s in family law mediation in parenting disputes concerning arrangements for their children post separation or divorce, both in Court ordered Mediation and private mediation settings, resulting in successful parenting plans or parenting orders being filed in the Federal Circuit and Family Court of Australia.
In my experience, It is often considered that successful mediations or negotiations are when both parties feel heard and acknowledged.
This sometimes means that the other party has to listen to contentions which make them uncomfortable, which they deny or which they might assert are factually incorrect.
This process involves both parties engaging in effective listening, not just talking and/or pretending to listen. This should always occur in a setting in which both parties also feel safe to engage in this process, with an experienced solicitor or lawyer advocating for each party.
I find that another important ingredient to a successful negotiation involves the opposing parties to separately revisit matters which are truly important to them by looking at the conflict from a slightly different perspective. This sometimes means stepping away from the from the principle of the matter or the subjective value in strict monetary terms (even if this only occurs briefly).
Getting parties to think about the emotional toll the conflict is taking along with other relevant factors on the periphery of the dispute which sometimes need to be considered can often re-direct the parties on a path towards a mutually agreeable resolution.
“As a lawyer, seeing my clients achieve peace and freedom amidst significant conflict is rewarding work. ”
Getting people to engage in effective listening (while sometimes unpleasant) combined with a look in the mirror to decide on what truly matters to them are often powerful tools which can be used on the journey towards a successful negotiation.
If you are needing a Family Law lawyer or litigation lawyer to assist you to resolve a legal conflict in Maryborough, Hervey Bay, Gympie, Bundaberg, Maroochydore or Brisbane, regardless of whether the conflict is in Court or at mediation stage, please contact our office to see if we can help.