Presented by:Yulia BuyaninKaitlyn Murphy

Be a Competitor:Learn the Rules of the Game

HalloumCompetition.comhalloumcompetition@gmail.com

Halloum Negotiation Competition

Basic Decorum

Agenda

Preparing for a Negotiation

Fact Pattern Overview

Judges’ Rubric

Ready! Set! Negotiate!

Questions?

Basic Decorum

Yes!

No!

What should I wear? Interview Attire

How Should I Act? You are always being watched.

Preparing for a Negotiation

READ the Fact Pattern!

You do not need to know any outside information, but you do need to be familiar with the facts you have.

Step 1: FOCUS ON YOUR CLIENT

Step 2: FOCUS ON THE OPPONENT

Step 3: SOLVE THE PROBLEM.

THREE STEPS TO SUCCESS

STEP 1: FOCUS ON YOUR CLIENT

What does the client. . .

-NEED?

-WANT?

-What is their MOTIVATION?

-What questions can you ask to find out what your opponent’s NEEDS and WANTS are?

-Why is x so important to the opponent?

-Is there a middle ground that will make both parties happy?

STEP 2: FOCUS ON THE OPPONENT

STEP 3: SOLVE THE PROBLEM

1. Talk to your opponents.

2. Find a solution that fits (1) your client’s needs and wants and (2) your opponents’ needs.

3. Remember, if both parties aren’t happy, there is NO agreement.

Goal Opening Offer

Bottom Line

Convince your Opponent

Issue #1

Issue #2

Goal - What is your client’s dream outcome?

Opening Offer - Where will you start negotiating?

Bottom Line - What is the absolute minimum your client will accept?

Convince Your Opponent - What can you do to convince them to accept your proposed solution? What incentives can you provide? Why is their suggestion not the best one?

Judges’ RubricHow will the Judges be Assessing You?

NEGOTIATION PLANNING

TEAM WORK

FLEXIBILITY

OUTCOME

RELATIONSHIP BETWEEN TEAMS

SELF-ANALYSIS

NEGOTIATION ETHICS

Judges’ Rubric

Judges’ Rubric

Planning: Judging from their performance and their apparent strategy, how well prepared did this team appear to be?

Tips

•Know your facts!!! •Have a strategy and a theme

Judges’ Rubric

Flexibility: How flexible did this team appear to be in adapting their strategy to the developing negotiation, e.g., to new information or to unforeseen moves by the opposing team?

Tips

•Flexibility against yourself: • Depart from your

original plan •Flexibility against the other team:

• Make concessions and trade-offs

Judges’ Rubric

Outcome: Based on what you observed in the negotiation and the self-analysis, to what extent did the outcome of the session, regardless of whether an agreement was reached, serve the client's goals?

Tips

•Judging standards focus on planning and the negotiation process itself. •You can achieve a high score even if you reach no agreement.•Focus on how every point is serving your client’s underlying goal.

Judges’ Rubric

Teamwork: How effective were the negotiators in working together as a team, in sharing responsibility, and providing mutual backup?

Tips•Don’t interrupt •Don’t dominate•Don’t talk after each other•Board: Work the board in pairs

Judges’ Rubric

Relationship between teams: Did the way this team managed their relationship with the other team contribute to or detract from achieving the client's best interests?

Tips

•Shake each other hands•Call them by their names •Don’t be rude•Don’t steal the pen

Judges’ RubricNegotiating Ethics: Based on your observation, do you believe the negotiating team observed or violated the ethical standards of the legal profession?

For example: did the team misrepresent material facts?

did the team exceed its settlement authority? did the team invent self-serving material facts?

Tips

•Know your facts!!!•Learn about the business/industry underlying the fact pattern, and use information that is common knowledge•But DO NOT use obscure information in your favor•DO NOT use law outside your fact pattern “universe”

Timing

Ready! Set! Negotiate!

• Formal Introduction• Shake Hands • Address people by name

• Introduce your theme and strategy

• You are representing your client

• Refer to: “my client” / “your client” and not “I want”/ “you need”

Introduction

Ready! Set! Negotiate!

• Don’t use the board during this time.

• What are their interests? Ask questions.

• Listen Actively!• Give out some information that

you want them to know. • Try to figure out if you are trying

to accomplish the same thing.

First 15 mins: Gather those Interests!

Ready! Set! Negotiate!

• Once you find out what you have decided to negotiate on, write it on the board.  

• Set the Agenda. • Then you ask if you

missed anything.

Move to the board!  

Ready! Set! Negotiate!

• Negotiate each issue • Don’t try to go back and

forth • Focus on one issue at a time

       • Table issues

• If one of the issues is not going anywhere, it’s ok to table it

• Sell your points• Explain how your solution is

actually something that will benefit the other side (shared interests)

Hammer out that agreement!• Be flexible and creative• LISTEN to your opponent

and confirm what they are asking or expressing as their interest

• “What I hear you saying is…”

• Recap• Judges like it

• Write on the Board• If you come into an

agreement on one of the points, write it on the board

Ready! Set! Negotiate!

• Restate the agreement• Spin any disagreement to

your advantage (it’s ok to table issues)

Last 3-5 mins: Wrap it up!

You CANNOT •Give it up all in the end•Talk faster and try to negotiate everything till the end

Self-Analysis

•Our strategy was.... • (incorporate your theme)

•What we did well...•What we would have done differently...•What we agreed upon and how it helped out client…

‘Spin it baby!’

•If you didn’t reach an agreement, explain to the judge why not.•Don’t assume that the judge remembers your confidential info.  •Always finish on how you think you did well, and how these things applied to your client.

Self AnalysisBOTH partners should talk equally.

1. Tell the judges what your theme was and how the overall deal accomplishes those goals. Why should your client be satisfied with your performance?

2. What is something you/your partner could work on for your next negotiation?

3. What is something you/your partner did very well in this negotiation?

**Be prepared for questions. Not all judges have them, but some will.

Take-home points

Read the Fact Pattern.

• Your client’s interests

• The opponent’s interests

• Find a solution Judges will Score You On: -Negotiation Planning-Flexibility-Outcome-Teamwork-Relationship between Teams-Self-Analysis-Negotiation Ethics

Questions?