Take Control, Negotiate!

How do you take control of a legal conflict by using your attorney to negotiate rather than litigate?

Afterall, attorneys have two divergent roles: to litigate & fight zealously for you, or to negotiate & find a resolution through the use of Alternative Dispute Resolution (ADR).

Depending on the specific facts and interpersonal dynamics, the benefits of using an attorney to negotiate a resolution will outweigh the alternative of litigation.

In my humble opinion, we can refine the role of a negotiating attorney to be called “Negotiation Counsel” and define it as follows: An attorney hired by the parties, usually in a business matter, to negotiate a resolution of the legal conflict(s) through the use of ADR.

With the definition of Negotiation Counsel in mind, I employ the following “D-N-A” methodology for the business legal negotiations my office handles:

**PREFACE: “Setting the foundation for a Negotiation Counsel” – you have to set groundwork for the negotiation ahead and sow fertile soil for any proposed collaboration towards a resolution of the conflict. Be mindful to agreeably disagree, using constructive semantics, such as, “We apparently have a conflict and cannot resolve this without bringing in Counsel to support continuation of these negotiations…” Having your business partner be calm and open to the idea of lawyers getting involved will allow for a constructive negotiation dynamic.

Diagnosis of the interpersonal dynamics & establishing a summary of facts, then developing common ground between the parties. 

Negotiation convened by proposing a confidential and privileged meeting among stakeholders to discuss a resolution of the conflict. This includes laying out the negotiation framework and preliminary position to lubricate momentum. 

Agreement achieved by drafting an enforceable document that narrows or entirely resolves the scope of legal issues.

**PROLOGUE: It is beneficial to schedule at least one follow-up meeting to reinforce the Agreement & bolster goodwill between the parties.

Remember, it’s in our DNA to negotiate, such that everyone can take control of their legal conflict by negotiating a resolution!