Nu8

1. Do you know the facts? This doesn’t mean you’ve memorized them, but it does mean you have a good handle on the circumstances surrounding the negotiation without necessarily having to constantly review notes. (This is more for the video negotiation than the “email” negotiation, since I don’t watch the email negotiation). 2. Are you clear on the problem that needs solving? I don’t expect you’ll necessarily know all the legal intricacies, but I do expect you’ll have a basic understanding of them. 3. Do you have a plan for negotiating a resolution? In other words, does it appear from the back and forth you actually had considered your client’s objective, thought about what the other side might do, and that you understood both your goal and bottom line? 4. Are you working toward a resolution? I get that sometimes you might have a strategy of being ultra-competitive but at some point you have to keep in mind there is no need to negotiate if you don’t believe a resolution can be achieved. 5. Can I see that you’ve at least attempted to find ways to incorporate some of the things you’ve learned in the course into how you are handling the negotiation? This is not a rubric for handling the negotiation, just things to keep in mind as you plan. There are no point values assigned to any one of these factors. These are things I am considering as you write to each other and talk to each other. Last thing: clear effort is rewarded over outcome. You may or may not get a resolution. Of course, we’d all prefer to do so. But I’d rather see well done negotiating that doesn’t resolve the matter than a resolved negotiation not done as well. This doesn’t mean sometimes things can’t wrap up quickly, but it does mean I should be seeing you employ as much of your negotiating arsenal as possible.