empoweringyournegotiations
Mediation & arbitration Section Chairs : JerryAlbrecht – AlbrechtMediation & AmberBoles – BolesLawOffice
authenticpowerinnegotiationis theabilitytoinfluencetheother partiestowanttocollaborate withyoutogetadealthatmust provideforamutualgain .
Superior negotiators use their authentic negotiation power to achieve winning settlements . This type of power is not about supremacy , control , bullying , or strong-arming others . Instead , authentic power in negotiation is the ability to influence the other parties to want to collaborate with you to get a deal that must provide for a mutual gain . Powerful negotiators use skills to positively engage the other side to give them what their clients need without resentment . When you set up an environment of affirmative relations , trust , honesty , and mutual respect , you will attain what you need out of the negotiations to satisfy your clients and yourself . As Abe Lincoln said , “ destroy your enemies by making them your friends .”
True negotiation power and confidence ( not arrogance ) induce others to want to cooperate with you so that all stakeholders will get their interests met to get a mutual gain agreement . When you are in command of your emotional intelligence and negotiation skills , you will cultivate constructive relationships , maintain a reputation for getting what you want , while being considered an ethical lawyer . When misunderstandings arise ( which is normal since we are
humans and misperception at times is inevitable ), if you use effective communication techniques , you will establish an atmosphere of trust to facilitate the resolution of miscommunications and difficult issues .
To achieve successful settlements , consider using the six steps below to increase your influence and negotiation power . The acronym PowERS is an effortless way to remember the key ingredients in achieving your highest potential in a negotiation or mediation :
P = Preparation — Prepare using what I call the “ CPR method .” In this approach you will focus on the issues of Content ( facts ), Procedures , and Relationship building to breathe life into your negotiation power . o = options — Consider alternative options that meet everyone ’ s underlying needs prior to and at the negotiating table . w = worthiness — demonstrate that you are worthy to be trusted and test others for trustworthiness before , during , and after the negotiation . Credible negotiators are dependable , honest , and confident . Consider if each party ’ s words are consistent with the facts and their actions ? Has anyone puffed , bluffed , or misrepresented ?
E = Emotional intelligence — First , ” get to yes with yourself .” Be self-aware of your own emotions and manage them so you are calm , confident , and clear in your logic . You will then be able to help your clients manage their anger , frustration , and other emotional challenges . Be enthusiastic , but compassionate . demonstrate that you are effective , professional , and a problem solver , not a problem maker .
R = Relationship — Build bridges of mutual respect using effective and active listening , and mutual civility . Make your opponent your partner in reaching agreement .
S = Satisfying Solutions — Use “ solutioneering ” to reach a result that creates satisfying solutions which address the genuine interests of all stakeholders . A fervent attorney advocate will get clients ’ interests met while helping all involved to retain their dignity and respect . n
Author : Mari J . Frank – Florida Supreme Court Circuit and Family Court Mediator
Join the Mediation & Arbitration Section at hillsbar . com .
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