Negotiating Skills

Much of my work is dispute resolution, and I pride myself on my skills in mediation and negotiation. I have extensive training and experience in this area and have had a modicum of success in settling litigation and other disputes over the years. There is a science to dispute resolution. I am always dumbfounded that so few lawyers, even partners in prestigious firms, have little or no understanding of the dynamics of dispute resolution. They know one thing only- zero sum competitive negotiation- and they usually suck at it. They do all their negotiating solely by instinct, and they are usually wrong. Why is this so?

I have a few possible explanations that I submit for the edification of my imaginary readership. Firstly, law schools do not train law students in dispute resolution or conflict management even though skills in this area are among the most important that a good lawyer should possess. I received no such training in my legal studies, and not one of the young lawyers I have trained over the years from a variety of schools has had any meaningful training. Secondly, lawyering tends to attract jackasses who start out with an underdeveloped natural ability to understand opposing positions and who have a preference for more competitive methods. Thirdly, the profession thrives on conflict, and there is little incentive for attorneys to resolve disputes before they have wrung out every last dollar.

The solution? Educated clients who recognize the value of dispute resolution and conflict management services and skills.