Winning strategies in negotiations and mediation

Successful negotiations require skill and strategy. Join Lancaster’s experts for a practical workshop on effective bargaining tactics in negotiations and mediation. Topics to be addressed include:

• Setting the agenda, obtaining a mandate, preparing for bargaining: What needs to be done to establish a reporting relationship, secure a mandate, and create realistic expectations? What must you do to develop your agenda, set the ground rules, and devise a game plan? What information should you collect relating to comparability, demonstrated need, ability to pay, and total compensation? How should demands be categorized or prioritized? Should you always include demands that are giveaways for leverage? How does bargaining in the public sector differ from bargaining in the private sector?
• Mapping out strategies, settling on tactics: How do you determine whether to begin negotiations with extreme or moderate demands? Should you begin with monetary or non-monetary demands? How do you anticipate the number of moves, or rounds of bargaining, and how should this factor in to your opening proposal? How should you present your proposals and respond to counter-proposals? How do you build momentum? What is meant by bargaining backwards? How should parties signal their positions? When should a party present its bottom line position? What should you do to develop trust? How can you avoid bad faith bargaining and stop it when it occurs? Can the parties tape negotiating sessions? Should parties set dates for arbitration and bargain to a deadline, or does this hinder negotiations?
• Communicating in a wired world: What should you communicate to principals and employees or members during negotiations and mediation? What should you communicate to the public? Should mediation be confidential? What role does social media and/or mainstream media play? In what circumstances, if any, should employers communicate directly with employees? How can positions be communicated in a way that avoids an emotional response?
• Making the most of mediation: What issues are particularly well-suited to mediation? What should be considered when selecting a mediator? How should parties prepare for mediation? Should the mediator be advised of the negotiating history? How should mediation tactics differ if parties are engaging in med/arb?
• Making the deal: How do you achieve a win-win outcome? What can you do to use leverage and devise approaches to bridge an impasse? What does it mean to confront your alternatives? How can you use the mediator to close the deal? When should you threaten strike or lockout? When is it appropriate to suggest arbitration? Should you draft language in advance? When is a settlement within the reasonable range? Should you sign a memorandum of settlement as soon as it is agreed upon or leave time for reflection?

MATERIALS
Includes materials, with case summaries and analyses, prepared by Lancaster's legal staff.