The ability to negotiate plays a pivotal role in most careers, from sales professionals to estate agents, but it’s particularly important within the legal sector.
After all, this is an industry where serious, life-changing negotiations can take place daily, from boardroom business deals to courtroom representation to back-and-forth settlement agreements.
Arguably, this is one of the most important soft skills for lawyers to master, yet few do. Fortunately, there are many ways to improve, from learning more about the art of a successful negotiation to taking a negotiation skills training course.
In this article, we’ll explain what it means to be a successful negotiator and explore five key tips to improve your skills, allowing you to take your legal services to new heights.
What makes a good negotiation?
Before you can work on becoming a good negotiator, it’s important that you first understand what makes a good negotiation.
For example, both parties should walk away from a negotiation feeling like the correct resolution was reached. This is because you’ve put plans in place to make the process as fair and equitable as possible.
While this may seem difficult in a legal setting, healthy negotiation between yourself and others allows you to preserve your working relationships moving forward – whether that’s with a co-worker, another law firm, in court, or even with a client.
A good negotiation also allows for an agreement to be made as quickly as possible. Again, this is beneficial within the legal sector, where you may be trying to manage multiple cases simultaneously.
What skills does a good negotiator need?
A good negotiator possesses many skills that allow them to open up a constructive dialogue with the opposing party. This includes:
- Confidence: A confident negotiator is often a component negotiator. This is because they’ll find it easier to convince others to agree with what they are saying, making it easier to come out on top.
- Logical reasoning and problem-solving: A good negotiator is also able to apply logical reasoning and problem-solving skills to any negotiation, as this allows them to resolve disputes quickly and efficiently. This, in turn, allows for the optimal outcome to be reached as quickly as possible.
- Empathy: In an ideal world, negotiations would be free of any complicated emotions. However, this is rarely possible, especially when working in the legal sector. As such, a good negotiator should be able to apply empathy and tact to the situation, making it easier for both parties to come to an agreement.
- Active listening skills: Active listening skills also play a key role in a successful negotiation. This is because they allow you to further your understanding of the other party so that you can use this knowledge to further your arguments or establish a stronger rapport with each other.
In the legal sector, these skills are underpinned by a strong knowledge of the case you are working on and the legal system at large. After all, this means that you’ll find it much easier to convince others to agree with what you are saying, as your statements are backed with evidence.
How To Develop Your Negotiation Skills As A Lawyer
There are many ways in which you can set about developing the skills listed above so that you’re able to facilitate win-win agreements for your law firm and your clients moving forward. We’ve listed five of our top tips below.
1. Be Prepared
Perhaps the easiest way in which you can ensure that you come out on top in any negotiation is to be as prepared as possible beforehand.
While you do not need to prepare a script that you then repeat verbatim during the negotiation, you should know exactly what you will say ahead of time. After all, in doing so, you’re not left scrambling for something to say when the pressure is on, and you can ensure that all of your points are research or evidence-backed.
You can also ensure that you are properly prepared for your next negotiation by ensuring that you have a thorough understanding of the person (or persons) you are negotiating against. This insight will allow you to put your best foot forward, as you’ll know exactly how to appeal to their sensitivities and will be able to identify their strongest sticking points ahead of time. In short, it’s a great way to ensure you feel as confident as possible when kickstarting the negotiation process.
2. Be Sensitive
No matter the nature of the case you are working on, it’s important to remember that sensitivity goes a long way during a negotiation.
By demonstrating empathy towards the others involved in the conversation, you’re creating an environment that is conducive to healthy negotiation. This way, it feels like you’re working together to reach a solution as opposed to competing against each other.
In turn, this can make it easier to work towards a mutually beneficial solution without any hostility.
3. Learn How To Deal With Combative Behaviours
Emotions can run high during the negotiation process, so there may be times when other parties begin to display combative behaviours. For example, you may find they are becoming overly defensive or outright aggressive, at which point any chance of working collaboratively quickly deteriorates.
A successful negotiator is good at de-escalating these behaviours.
For example, if you feel as though the other party feels frustrated, you could circle back the conversation to the reason you are there in the first place and remind them that you are trying to work toward a shared goal.
You can also suggest taking a break so that they can step aside and collect their thoughts. This way, when you return to the table, you’ll both have a clear head.
Being able to respond appropriately to these shifts in attitude or behaviour can also help you to preserve your relationship with the other parties involved, helping you to maintain the rapport necessary to finish the negotiation on a high.
If you feel as though your own emotions aren’t in check, apologising and working to better regulate your emotions can also go a long way toward maintaining an effective working relationship. It also ensures that you’re making logical decisions, as opposed to acting out of anger or frustration.
4. Focus On Collaborative Problem-Solving
While it may not always seem that way, the purpose of a negotiation is to work together to reach an outcome that is as mutually beneficial as possible. This means that you are not working in direct competition with the other parties, even though you’re working to convince them to agree with what you are saying or the ideas you are putting forward.
As such, this means that you need to focus on collaborative problem-solving from start to finish.
For example, while you may have a specific idea in mind of how you’d like things to go, you should also be open to what they have to say and willing to try out new things when necessary.
5. Sign Up For Negotiation Skills Courses
If you’re looking to become a better negotiator, then signing up for a negotiation skills course is a great starting point.
Of course, we would say that (being a training provider), but these courses are carefully crafted to teach and improve the necessary negotiation skills for lawyers.
It’s not just lawyers either. As we mentioned at the beginning, negotiation is important for everyone. But if you’re thinking of attending a course as a solicitor or barrister, then reach out to the your training provider in advance – they may be able to tailor the content specifically for your use cases.
Regardless, courses will cover all bases, from learning how to negotiate effectively and confidently to figuring out how to retain the upper hand in all situations.
By participating in this kind of practical training course, you’ll also get the chance to learn how to become a pro-negotiator in a supportive, no-stakes environment as opposed to the more traditional way of learning through trial and error. This, in turn, will help you put your best foot forward in terms of your career.
Final Thoughts
Being a lawyer requires so much specialist knowledge, but there’s no denying that core soft skills like negotiation are also key. After all, without being an effective negotiator, it can be hard to ensure you’re providing your clients with the kind of support they deserve – regardless of how much understanding of the law you have.
Fortunately, there are many different ways in which you can cultivate these crucial skills, from practising empathy and active listening to participating in a course.
On that note, and to round off this article, we have over 20 years of experience offering high-end training courses that help professionals across all sectors excel in their careers. This includes our ever-popular negotiation skills program, which can be completed both online and in person.
These courses are split into two informative sessions, which begin by discussing the basics of negotiation before moving on to more specific, focused training. At the end of the day, participants leave feeling more confident than ever.
If you’d like to find out more about this course or the wide range of courses that we offer, please do not hesitate to get in touch today – you can fill in a contact form here.
We look forward to hearing from you!