HCBA Lawyer Magazine No. 31, Issue 4 | Page 48

three tips for iMproVing Your MeDiation anD negotiation skiLLs
Mediation & Arbitration Section Chair : Harold Oehler – Oehler Mediation
1 . Read Books and Articles to Improve Your Negotiation Skills
Great negotiators study , practice and hone their skills . While there is a plethora of articles and books on the art of negotiation , I recommend these four sources :
• The Harvard Program on Negotiation ( PON ) offers a wide array of resources including daily blog posts , articles , and newsletters . Most of this information is free and can be obtained from their website at www . pon . harvard . edu . PON also presents a number of courses throughout the year on negotiation and leadership skills , including classes on mediation .
• Getting to Yes , authored by Roger Fisher and William Ury , is the
the negotiator plays the part of bully , conciliator , enforcer , savior , confessor , instigator and peacemaker , and that ’ s just a few of the parts . — chris Voss , never split the Difference
primer for negotiation basics and terms , and they were two of the founders of the Harvard Program on Negotiation ( PON ).
• Another book that I highly recommend is Never Split the Difference , by Chris Voss and Tahl Raz . Voss was the FBI ’ s lead international kidnapping negotiator . You can ’ t “ split the difference ” with lives at stake . Voss ’ book is full of invaluable tips that you will use in every negotiation .
• The fourth , one of my favorite books , is The Politics of Diplomacy by James A . Baker III . Baker tells the story of his three-plus years as the U . S . Secretary of State . It covers the end of the Cold War , the reunification of Germany , and the first Iraq War . The book is about 700 pages . It is full of details from virtually every negotiation he conducted during this period . More importantly , he writes about the preparation that went into each and every negotiation . Great negotiators prepare to negotiate .
2 . Use Mediation Openings Some attorneys I work with elect not to give an opening or make it
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