Anytime there is an exchange of services, goods, business, commerce, and money where two parties it is a good idea to bring in an attorney with negotiating skills. An attorney with negotiating skills can be a cost saving tool to avoid costly litigation down the road. I like to remember sometimes it is about knowing what to ask for in your negotiation. Sometimes people jump into business ventures, agreements, or partnerships and don’t know that there is room to negotiate. People are generally focused on the present moment and the excitement of doing business with someone and they don’t think about certain things that could happen down the road. It is understandable, as people do not want to picture their agreement having issues or a dispute. If these potential issues and how to handle them are pre-negotiated upfront, it saves businesses money and makes them a more risk averse business. Having planning for future scenarios makes business more profitable and cost-effective.
There are a lot of scenarios where you would want an attorney to negotiate for you. If you are dealing with a bigger more sophisticated company that has more experience, they may leave important things out of the contract. Anytime there is going to be an exchange of some sort between parties at a certain level, you should consider an attorney stepping in to negotiate on your behalf.
There are also certain areas where it’s common practice to have an attorney negotiate on your behalf. For example, in the entertainment industry, every deal is negotiated. I was on the studio side of things as the negotiator for the business. Whether it was hiring somebody for their personal services or hiring an employee for the studio, every single deal was a negotiation. In the entertainment industry, there is a lot of back and forth.
Another good practice point is that you should have justification for the things you want. Don’t just say you want something because you want it. You must be able to explain why you think something should be part of an agreement. When negotiating you have to understand where you stand in the relationship and also understand your opposing viewpoints or what other parties may look to gain from the relationship. Do you know what kind of leverage you have? Are you dealing with a party who has a lot of power (i.e., large corporation, government, or a supply/demand situation).Those are some particulars to think about and discuss before you enter into any type of negotiation. That way, you don’t go in blindly. In other words, you’ll want to have all the arrows in your quiver ready by knowing where you are in relation to the other party, expectations, bottom-line, and a good middle ground.
Knowledge is power in a negotiation. Research and get to know everything you can about the other party.
What Is The Role Of Mediation In Negotiating?
Mediation is a more formal legal process than just negotiating with another party. In a mediation, you have a mediator to help guide the negotiation. If you are in mediation, it is likely because you are trying to resolve a dispute and therefore you may need to have a difference set of expectations. Mediation is typically not binding. .However, a court can make you attend a mandatory mediation. That means, you can also agree to mediation, which can be helpful. You can agree to mediation in advance through your contract, or agree at a later time to enter into mediation. If you have a mediator with experience in the area who is neutral, it is hopefully non-adversarial and helpful. Having an attorney with background or expertise in certain areas of law can help you through a mediation. For instance, if there is a construction dispute that cannot be resolved, having a lawyer with a construction background who understands the process and issues is essential, as well as having a mediator who understands the issues.
The role of mediation is about having a neutral party step in to help the parties get to a reasonable resolution typically regarding a dispute that cannot be resolved between parties. The mediator is there to help negotiate that dispute and make it easier to come to an agreement. Hopefully, to arrive at a fair resolution for both parties. For businesses a lot will hinge on the agreement, courts typically like to defer to contracts if they can, and mediators will as well. When dealing with a situation that or dispute that has advanced to the mediation stage, you are going to try and find an agreement that the parties can live with, which typically means that you’ll have to give something up. This is where negotiation and having an attorney with those skills can be an asset. Perhaps there are some things more important to you that you know you are going to have to advocate for. Maybe there are some things that are less important that you may give up as leverage. The negotiation is going to require strategy and planning, an attorney with this learned experience is definitely an asset to your side.
For more information on an Attorney With Negotiating Skills In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (904) 831-1030 today.
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