Originally from Dispute Resolution Journal

Mastering basic mediation skills can take your practice to the next level. Philosophically, litigation and mediation seem worlds apart. While both are forms of conflict resolution that involve an outside party, the outcomes differ wildly. The results of litigation rarely satisfy both parties. The results of mediation are far more satisfying, since mediators use negotiation skills to reach a common ground on which all parties can agree.

Many attorneys could dramatically improve their law practices by learning to negotiate effectively both inside and outside the courtroom. For example, learning the art of negotiation would help them negotiate with demanding, disgruntled clients to obtain information that clients aren’t always eager to disclose, often out of fear that it will hurt their case. It would also help them negotiate with opposing counsel to reach concessions that will save time and money by reducing the issues in dispute or even settling the case. In addition, they will be better able to help their clients become willing to negotiate. Clients who are angry or feel hurt in some way may not always be willing to agree to a proposal that isn’t completely in their favor, even if they don’t have the strongest case. A lawyer who is a good negotiator will be able to present the case in a way that helps the client clearly see all points of view, not just one viewpoint. Many trial attorneys I see in my mediation practice are surprised to see how negotiating with a client can help open doors to solutions the client may have rejected when the attorney first proposed them.

I explain mediation as a way of reframing a situation in order to persuade people to shift their positions so as to make a resolution possible. To be a successful negotiator, attorneys need to understand some basics about human behavior and practice the fine art of paying attention.

Here are 10 tricks of the negotiation trade that can make a positive difference in your legal practice: