Negotiation is one of the oldest human practices and is established as a skill resulting from socialization. It always implies that two or more parties have the intention of resolve a conflict or agree on the guidelines to be followed in the conclusion of a contract. Many significant events in the history of mankind have been the result of negotiation processes involving various actors.
In the development of highly relevant negotiations, usually involve legal professionals trained for this task. Being part of a process of this nature implies acquiring specific skills to carry out the responsibility, guaranteeing compliance in good terms and with benefits for all parties. Lawyers involved in negotiations play an important role, as they provide legal advice to the parties in the mediation process, showing them the most suitable and legally sound way to reach an agreement.
The lawyer and the negotiation process
A lawyer is continuously working on negotiation processesThis is a recurring activity in litigation. The personal skills acquired in the career will make a difference between those who are prepared to assume this task and will obviously be reflected in the culmination and outcome of the negotiation. In this sense, a professional in this area involved in negotiation processes must be very aware of the importance of the agreements that are developed in the Pre-Chamber stage, that is, before the parties have the opportunity to meet to negotiate. What happens at this stage can have a direct effect on the jurisdictional route and the results of the process.
These are some of the skills necessary to face, as a lawyer, the negotiation between parties:
- At the beginning of the negotiation processIn order to be able to do this, the lawyer must know clearly what is the objective to be achieved or know the interest of his client. Without this knowledge it is impossible to move forward in good terms.
- Visualize the objective with clarityThe strategy should be very specific and include new scenarios in case one of the previously considered plans has to be abandoned. This strategy must be very specific and contemplate new scenarios in case one of the previously considered plans has to be abandoned.
- The lawyer must be very well trained and familiar with the case to provide the necessary advice. It is his duty to guide all legal steps and to present the mediator with legally viable options.
- Effective communication is an essential tool for a lawyer in negotiation, since every word spoken or written must clearly convey the message sent. In these processes there is no room for misunderstandings or misinterpretations.
- Likewise, it is important for the attorney to be attentive to in the communication of the other parties because each gesture conveys a message. It is therefore valuable to look the other person in the eye, read their reactions and be able to transform the communication according to the effect it has on the other person. It is a matter of convincing and engaging in dialogue.
- Must transmit security, confidence and empathy to all parties involved in the process. These qualities must be preserved throughout the negotiation.
- Develop the ability to notice any problem or situation that could generate a conflict later in the negotiation process. Putting oneself in the other's shoes is also a skill that can lead to the search for solutions that are more easily accepted by those involved.
- Creativity in finding solutions and making proposals as often as possible. Develop the ability to find new, correct and possible paths to follow.
- You must be convinced to help the parties find the fairest agreement.