The charisma of the designation “trial lawyer” is not shared by “negotiator.” However, since less than 5 percent of civil cases go through trial, enhancing your negotiating repertoire will likely reap rewards. In contrast to trial, where control of the outcome rests with the Court and/or Jury, a skilled negotiator can retain control of the outcome for the client. Therefore, it behooves the prudent litigator to augment your negotiator prowess. In the past, negotiation was not a part of law school curriculum. Today, law schools have entire sections devoted to negotiation and allied disciplines (e.g., mediation). While there is much to be gained from these courses of study, simply adding the following implements to your negotiator’s tool belt will likely have a positive impact on your scorecard.

Develop a game plan for your negotiations. Research key issues, check jury verdicts for results in similar cases and work out a realistic evaluation of your client’s case. Identify the issues, risks and interests of your client and opponents. 1 Outlining your offers and responses to anticipated counters enables you to maintain the tempo of the process, during actual negotiations. 2 Look for “value added” non-monetary items such as an apology 3 that can be just what is needed to clinch a deal. Googling opponents may yield valuable insights for your strategy. An absolutely inviolable rule is to provide your adversary with sufficient information (e.g., records, data and evidence) to obtain maximum authority.

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