Legal Negotiations: Where Psychology and the Law Intersect

Every interaction with co-counsel or opposing counsel presents attorneys with an opportunity to gain knowledge and position themselves for future negotiations. Values, circumstances, habits, and the unconscious are all at play. Psychological/leadership concepts like the formula for change, trading things of unequal value, the Johari window, and the four tendencies provide a lens through which to gain a better understanding of the forces at work during negotiations and to harness the power of that knowledge. Utilizing such skills adds value for clients and makes an attorney’s job as a negotiator easier.

These concepts are especially relevant to prepare for negotiations that will fully and finally resolve a dispute, such as during mediation, which continues to be a popular negotiation vehicle. This course, presented by Lauren E. Davis of Frith & Ellerman Law Firm, P.C. in Roanoke, Virginia, reviews practical ways to integrate psychological principles when preparing for and executing negotiations during mediation. 

Learning Objectives:

1. Identify unstated drivers of legal negotiations
2. Understand psychological principles that intersect with legal negotiations
3. Assess how these principles apply to negotiations during mediation
4. Gain practical knowledge about implementing these principles in mediation