1. Presented by: Yulia Buyanin Kaitlyn Murphy Be a Competitor: Learn the Rules of the Game Be a Competitor: Learn the Rules of the Game HalloumCompetition.com halloumcompetition@gmail.com Halloum Negotiation Competition

2. Basic Decorum Agenda Preparing for a Negotiation Fact Pattern Overview Judges’ Rubric Ready! Set! Negotiate! Questions?

3. Basic Decorum Yes! No! What should I wear? Interview Attire How Should I Act? You are always being watched.

4. 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.

5. Step 1: FOCUS ON YOUR CLIENT Step 2: FOCUS ON THE OPPONENT Step 3: SOLVE THE PROBLEM. THREE STEPS TO SUCCESS

6. STEP 1 : FOCUS ON YOUR CLIENT What does the client... -NEED? -WANT? -What is their MOTIVATION?

7. -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

8. 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.

9. GoalOpening 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?

10. Judges’ Rubric How will the Judges be Assessing You? NEGOTIATION PLANNING TEAM WORK FLEXIBILITY OUTCOME RELATIONSHIP BETWEEN TEAMS SELF-ANALYSIS NEGOTIATION ETHICS

11. Judges’ Rubric

12. 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

13. 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

14. 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.

15. 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

16. 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

17. Judges’ Rubric Negotiating 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”

18. Timing 3-5 minutes About 30 minutes About 15 minutes Few minutes Up to you! Wrap it up! Hammer out the Agreement Move to the Board Information Gathering Introduction Preparation

19. 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 Wrap it up! Hammer out Agmnt Move to the Board Intro Info Gathering

20. 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! Wrap it up! Hammer out Agmnt Move to the Board Intro Info Gathering

21. 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! Wrap it up! Hammer out Agmnt Intro Info Gathering Move to the Board

22. 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! Wrap it up! Move to the Board Intro Info Gathering Hammer out Agmnt 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

23. Ready! Set! Negotiate! Restate the agreement Spin any disagreement to your advantage (it’s ok to table issues) Hammer out Agmnt Move to the Board Intro Info Gathering Wrap it up! 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

24. 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.

25. Self Analysis BOTH 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.

26. 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

27. Questions?