BASICS OF NEGOTIATION

NEGOTIATION 1 BASICS OF NEGOTIATION J. Alexander Tanford, 20001. BASIC PRINCIPLE, WITHOUT WHICH NEGOTIATION IS IMPOSSIBLES uccessful NEGOTIATION requires compromise from both sides. Both parties must gain something,and both parties must lose something. You must be prepared to give something up to which youbelieve you are entitled. You cannot expect to defeat your opponent or "win" a NEGOTIATION by eitherthe power of your negotiating skills or the compelling force of your logic. This is not to say that goodnegotiating ability is irrelevant. In most cases, a range of possible outcomes exists. A skillednegotiator often can achieve a settlement near the top of the range. 2. MISCELLANEOUS LEGAL PRINCIPLES, IN NO PARTICULAR ORDER!Rule 68 provides that a defendant may make a written offer of judgment, and if the plaintiffrefuses it, plaintiff becomes liable for all the litigation costs if plaintiff does not do better attrial.

the opposing party about facts learned from their clients in order to bolster the strength of their cases, or ... advantage of an unrepresented person's ignorance. E. THREATENING CRIMINAL PROSECUTION AND SIMILAR COERCIVE ACTIVITY. Under the 1969 ABA Model Code of Professional Conduct, it was unethical for "a lawyer [to]

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