StephenWoodMediation

With the COVID 19 lockdown in place, I decided to take the opportunity to study Yale University's online course 'Introduction to Negotiation: A Strategic Playbook for Becoming a Principled Negotiator' run in conjunction with Coursera.

The 8-week course is run by Professor Barry Nalebuff of Yale School of Management and uses a series of online lectures/videos, along with live webinars. In addition, the students are required to participate in a number of live negotiations with other students using Zoom, and submit 5 minute videos of the highlights for review. My negotiations were all with international students (two in Asia and one in Africa).

I understand that the course is based on the core course which Professor Nalebuff teaches first year MBA students at Yale. I found his background in business strategy and game theory gave rise to a different approach and emphasis to negotiation courses usually taught by lawyers.

As a mediator and also a litigation solicitor, I found that the course complemented my experience and training especially well.

Many different types of contentious probate disputes in London can arise.  These can include disputes concerning: a failure to make adequate financial provision (under the Inheritance (Provision for Family and Dependants) Act 1975); lack of testamentary capacity; lack of knowledge and approval; lack of due execution; undue influence; fraud and forgery; revocation; construction or interpretation of a Will; and disputes during the administration of estates.

http://tinyurl.com/ycfcmwsm

Daniele Vare, Italian diplomat

So starts William Ury’s book ‘Getting Past No’, the sequel to the bestseller, ‘Getting to Yes’. 

‘Getting Past No’ addresses the thorny aspect of dealing with people who won’t deal. It is a useful book for mediators, negotiators, dispute resolution lawyers and parties involved in litigation.  Ury sets out a 5-step approach to change the game from face-to-face confrontation to side-by-side problem solving:

Step 1 - Go to the balcony - Don’t react but step back and seek to collect your wits and look at the situation objectively.  Identify your interests (rather than your position) and your BATNA (your Best Alternative to a Negotiated Agreement).

Step 2 - Step to their side - Rather than meeting a position head on, listen actively, acknowledge his or her point, offer an apology if appropriate, agree where you can, accumulate yeses, build a working relationship and express your views without provoking him or her.

Step 3 - Don’t reject ......reframe - Ask problem solving questions, ask why, ask why not, ask what if, ask what makes that fair, ask open-ended questions, and explore options for agreement.

Step 4 - Build them a golden bridge - Ask for and build on your opponent’s ideas, offer your opponent a choice, don’t assume a fixed pie, help your opponent save face, and don’t rush to the finish.