Ten Things the Zealous Advocate Can Do to Be a Better Negotiator in Mediations
Presented by the California Lawyers Association
Join JAMS Neutral, Hon. Lynn O'Malley Taylor (Ret.), for a CLA program on " Ten Things the Zealous Advocate Can Do to Be a Better Negotiator in Mediations." In today’s highly divisive social media world, there is a tendency to think that sports-like aggressive intimidation is the way to “win” a negotiating advantage over opponents. It is not uncommon for attorneys to submit briefs and make statements boasting of their client’s superior position and demeaning the inferior position of their opponents on the facts and law.
They come to mediations expecting mediators to “twist arms” and persuade opponents to compromise and see the wisdom of their own enlightened position. While each side sees the overt moves and statements of the other side during the course of the negotiation, they cannot see in “real time” how the negotiations are being affected by their specific actions. The panelist will reveal what the negotiating attorneys cannot see and will offer some tips about how zealous advocates can be even better negotiators. The discussion will include how lawyer ethics can be an invaluable negotiating tool.
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