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Related Flashcards
Cards In This Set
| Front | Back |
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List the 5 stages of negotiation
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PreparationOrientation and positioningArgumentationEmergence and CrisisAgreement or final breakdown
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List the 6 qualities that differentiate lawyers
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Esoteric knowledgeSpecial Authoritydistinguishing qualitiesPowers limited to certain times and placesClient confidentiality and safetyStewardship
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How do cooperative attorneys move in relation to their opponents?
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Psychologically towards them
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List 2 advantages of the cooperative style
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It produces a more fair and efficient solution
It results in fewer breakdowns |
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List a major disadvantage of the cooperative style
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It is vulnerable to exploitation
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How can a cooperative attorney limit his exposure to exploitation
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He can move slowly at first
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What is the primary concern of a competitive agressive attorney?
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Maximizing settlement values
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What percentage of cases did Ineffective competitive negotiators take to trial?
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64%
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Whats the third and seldom mentioned type of negotiator?
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The competitive / problem solver
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What type of negotiator psychologically moves through the stages faster?
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The cooperative / problem-solver
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When do the most important bargaining interactions take place?
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Before the parties begin serious discussions
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List the three critical issues that must be determined in preparation stage.
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What should be the opening position and how can they logicall defend it?
What is the other side's aspirations with respect to each issue? What is the bottom line? |
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List the three strategies that can be used to frame an opening position
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Maximalist strategyEquitable strategyIntegrative strategy
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Which type of positioning is considered to be the most economical and efficient method of conflict resolution?
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The equitable approach
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What aspect of stage two takes up more time then all of the other stages combined?
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Establishing the illusion that both sides are inalterably committed to their opening positions
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