Embracing the Art of Negotiation in Law School and Beyond 

When I first ventured into negotiation as an extracurricular activity, I did not realise how transformative it would be. Like many law students, I initially focused on mooting, believing it was the ultimate way to develop advocacy skills. However, when I had the opportunity to represent my university at the National Student Negotiation Competition 2024, hosted by the Centre for Effective Dispute Resolution (CEDR), I discovered just how valuable negotiation is – not only for aspiring lawyers but for life in general.

Negotiation is more than just resolving disputes; it is about finding common ground, building relationships, and crafting solutions that benefit all parties. Whether you are preparing for a legal career or simply navigating personal challenges, negotiation is an art worth embracing. Now, let’s dive into six tips to sharpen your negotiation with – a practical roadmap to help you build confidence and skill in this essential area.

I. Lay a Strong Foundation

The first step in any negotiation is understanding its purpose and structure. Negotiation is a process where two or more parties come together to resolve differences or reach a mutually beneficial agreement. In legal practice, it is often used as a form of Alternative Dispute Resolution (ADR) to avoid litigation.

Negotiation is not just about arguing your points – it is about advocating effectively. Think of this as your Harvey Specter moment from Suits. While his actions are often exaggerated for dramatic effect, there is one lesson worth noting: confidence comes from preparation and clarity. Whether you are representing a client or negotiating for yourself, knowing your objectives and understanding the stakes will guide your approach and help you stay focused on outcomes.

II. Prepare Like a Problem Solver

Preparation is imperative for any successful negotiation. Start by analysing the scenario. For example:

• What are each party’s interests and objectives?
• What does your client (or you) value most? What can they concede?
• Where does your client’s interest overlap with the other party’s? Is there a common ground?

Negotiation is akin to crafting a pitch, as such, identifying these factors alone is not conclusive of the preparation needed. Once you have identified these factors, you should:

• Develop strategies that align with your goals but remain flexible enough to adapt.
• Anticipate challenges or objections based on missing information (you won’t always have all the facts).
• Create multiple plans (A, B, C) so you can be ready for any curveballs.

Thorough preparation ensures you are capable of guiding the conversation towards your desired outcome. Remember, without it, you are just improvising!

III. Build Rapport Early

First impressions matter in negotiation. Establishing rapport at the outset can set a positive tone and pave the way for productive discussions. Start by:

• Greeting the other side professionally and courteously.
• Engaging in light conversation to ease tensions or find common ground.
• Demonstrating respect for their perspective, even if you do not agree with it.

Many times, building rapport is often perceived as compromising your position. However, this is far from the case, as it actually means creating an environment where both sides feel respected and valued. This step is about setting the stage for collaboration rather than confrontation.

IV. Listen Actively and Stay Curious

Active listening is one of the most underrated yet powerful tools in negotiation. Pay close attention to what the other side says. Furthermore, in negotiation, the how of communication – tone, pauses, and body language often speaks louder than the what. To illustrate:

• Ask open-ended questions to uncover their motivations and priorities.
• Avoid interrupting; instead, let them fully express their position before responding.
• Observe the how of their communication–they often reveal more than words alone.

Active listening helps you gather valuable insights that can shape your strategy while showing respect for the other party’s perspective. The ability to listen and read between the lines can give you a significant edge.

V. Negotiate with Creativity and Flexibility

Negotiation is rarely straightforward; it requires adaptability and creative problem-solving. As discussions progress:

• Test the waters by asking probing questions to gauge their willingness to compromise.
• Protect your core interests but remain open to alternative solutions that could satisfy both sides.
• Use creativity to craft win-win outcomes (e.g., non-monetary compromises or alternative arrangements).

As Don Draper from Mad Men once famously said, “If you do not like what is being said, change the conversation.” This advice applies rather aptly to negotiation with the rationale that shifting perspectives or introducing new ideas can keep negotiations moving forward when faced with deadlock or resistance. By reframing the discussion, you can often uncover hidden opportunities for consensus.

The goal is not just to win, but to find solutions that work for all parties involved. Flexibility and creativity are your tools for turning potential conflicts into collaborative problem-solving sessions.

VI. Reflect, Learn, and Keep Practicing

The most effective negotiators are those who learn from every experience. After each negotiation, take a moment to dissect what happened: What strategies proved successful? Which tactics fell flat? How did your approach compare to the other side’s? These reflective questions can help you identify actionable insights that can and will inform your future strategy.

Negotiation is an evolving skill, so embrace every opportunity to practice and refine your approach. Continuous learning transforms experience into expertise, turning each negotiation into a stepping stone toward mastery–practice makes progress which in turn makes perfect!

Final Thoughts: Why Negotiation Matters

Negotiation can extend beyond sufficing as just another extracurricular activity. It is a skill that transcends academic settings and prepares you for real-world challenges. As aspiring legal professionals, it mirrors potential scenarios to be encountered in practice: resolving disputes out of court and advocating for clients’ interests.

Law school provides a unique environment to develop this art through competitions or informal practice sessions with peers. These experiences teach invaluable skills, such as the few exemplified in these six tips, and they extend far beyond legal practice into everyday life. Looking back at my own journey, I am grateful I embraced negotiation as part of my law school experience. So, take these six tips with you as you explore the art of negotiation – and remember, there is no challenge too great for those who approach it with deliberate purpose.

Article written by Fareeda Bakare, law graduate from The University of Sheffield and the 2024 Herbert Smith Freehills (HSF) Prize-winner for Best Performer in Law of Public Companies.