HCBA Lawyer Magazine No. 31, Issue 4 | Page 49

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very superficial . I recommend detailed openings with these tips and caveats : Speak with the other side , and not to the other side . Slow your opening , make eye contact , and smile . Make it more of a conversation , rather than a speech . To that end , prepare a list of calibrated questions to use either in opening or throughout the caucus process . These are open-ended questions usually of the “ what ” and “ how ” variety . Using open-ended questions like these can help remove aggression from the conversation . It allows you to introduce ideas and requests without sounding pushy , or as Voss writes , it allows you to nudge .
3 . Use Active Listening and Tactical Empathy
Active listening is the single greatest negotiation skill . It consists of complete focus on , and curiosity of , what your counterpart is saying . Your goal should be to extract and observe as much information as possible . Listening intensely also creates tactical empathy . The other party will feel that you are , at a minimum , trying to understand and appreciate their position . Likewise , they too will go to greater lengths to understand your position .
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Author : Gerald T . Albrecht – Albrecht Mediation Services
M A R - A P R 2 0 2 1 | H C B A L A W Y E R
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