Tag Archive | "Mediation"

Why Learn to Negotiate?

By Marty Latz, Latz Negotiation Institute

“I’ve been successful in sales for over 30 years. And I’ve been independently recognized as a sales leader during much of that time. What can you teach me that I haven’t already learned on-the-job, from a mentor, or just done instinctively or intuitively?”

Of course, he didn’t come right out and say this. But his folded arms, arrogant attitude, cynical questions during the early part of our training session, and the forewarning I had received about him from my client – the head of training at his company – communicated this message in spades.

Negotiators are born, not made, right? Wrong.

As we start 2018, it’s worth emphasizing the crucial value all of us can gain from studying and learning how to more effectively negotiate.

1.   The Experts’ Research Proves It
I started teaching negotiation in 1995 at age 30 at Arizona State University’s College of Law. I had only been out of law school for 3 years. One of my first students was an experienced labor negotiator who had gone back to school to become a lawyer. One of his first questions to me related to my relative inexperience in business and legal negotiating.

I told him “experience does not equal expertise.” Just because he’d been negotiating for 30 years did not mean he negotiated effectively. And it certainly didn’t mean he took advantage of the experts’ proven research.

In fact, the 1981 publication of the classic Getting to Yes: Negotiating Agreement Without Giving In by my law school professor Roger Fisher and his colleague Bill Ury kick-started a whole new academic field in negotiation. Since then, hundreds of professors have been doing practical research and studying this subject in the finest institutions in the world.

Bottom line – we now basically know what fundamental strategies work and what don’t work (as my regular readers know, I call these best practices the Five Golden Rules of Negotiation). That’s what we teach and train. And that knowledge and the practical implementation of that knowledge on the front-lines makes a big difference.

Plus, I told him, while he may have closed many deals, he may also have left a ton of value on the table by not putting those proven strategies into practice. And he may never have known it.

2.  Practical Implementation Requires Strategic Planning
Have you heard the phrase “practice makes perfect?” Legendary football coach Vince Lombardi modified this to say “only perfect practice makes perfect.” I agree. What is perfect practice in the negotiation field? The creation and execution of strategic negotiation plans based on the experts’ proven research.

Once you know what strategies to use, you must systematically put them into practice. That’s how you shift away from negotiating solely based on your instincts. There’s only one way to consistently and effectively do this – develop a strategic negotiation plan before the negotiation starts. The best negotiators do their strategic homework on the process, not just learn the underlying substantive facts.

Do you think that sales professional created strategic plans before picking up the telephone or meeting with potential clients? Of course not. He had a lot to learn and to put into practice.

Importantly, research confirms that strategic negotiation planning can improve negotiation results by around 20% and lead to significantly greater value being achieved by everyone (the classic “win-win”).

3.  One Move Can Make – or Break – Your Deal
Finally, there’s an almost unlimited number of variables in every negotiation. And changing just one small strategy or tactic might lead to either tremendous success or complete failure. Doesn’t it make sense to learn and use what the experts know will increase your likelihood of success?

Make a New Year’s resolution to learn and implement one new proven negotiation strategy each month. Then write it down, track its impact, and take advantage of the experts’ research.

Latz’s Lesson:  Lifelong learners and users of the experts’ proven negotiation strategies achieve the best deals.


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts’ proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or Latz@ExpertNegotiator.com

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Family & Civil 40-Hour Mediation Courses Dates Announced!

Family & Civil 40-hour mediation courses provide an excellent learning environment with practical experience in mediation. Each program has a professional & informative approach to the psychological, legal and business aspects of mediation. These courses provide the 40-hour instruction certified as appropriate for mediation training by the Indiana Commission for Continuing Legal Education under the Indiana Trial Rule – ADR.

The Family to Civil Crossover Training provides 16 crossover hours as well as 9 CLE hours and 3 Ethics hours and is designed for those that have already attended and completed an earlier Family Mediation Training session and now wish to complete the Civil Mediation Training.



W. Douglas Lemon
Attorney at Law – Mediator

Hon. Terry C. Shewmaker
Judge, Elkhart County Circuit Court, IN (Retired)

Joy L. Colwell
Attorney at Law – Mediator, Lake County

Caroline Gilchrist
Attorney at Law – Mediator
Baker & Gilchrist LLC, Avon & Indianapolis



February 14-18, 2018 – 24 CLE / 6 E (40 Family Med. Hours)
Limited to 42 participants!
LIVE IN-PERSON ONLY! – ICLEF Conference Facility
230 E. Ohio St., 5th Floor, Indianapolis, IN 46204


June 20-24, 2018 – 24 CLE / 6 E (40 Civil Med. Hours)
Limited to 42 participants!
LIVE IN-PERSON ONLY! – ICLEF Conference Facility
230 E. Ohio St., 5th Floor, Indianapolis, IN 46204


June 20-22, 2018 – 9 CLE / 3 E (16 Med. Crossover Hours)
Limited to 6 participants!
LIVE IN-PERSON ONLY! – ICLEF Conference Facility
230 E. Ohio St., 5th Floor, Indianapolis, IN 46204

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Gain the Edge! Negotiating to Get What you Want featuring Marty Latz – Dec 1

In fact, your ability to effectively negotiate may be the most critical skill you possess. Yet most negotiate instinctively or intuitively. This seminar will help you approach negotiations with a strategic mindset. And make no mistake – no matter how much you’ve negotiated, you can still learn. Adding that one new tactic may be the difference between winning and walking away empty-handed. Martin Latz is one of the nation’s leading experts and instructors on negotiating techniques. A Harvard Law honors graduate, Marty will help make YOU a more effective lawyer.

15 Skills You’ll Learn
• Latz’s 5 Golden Rules of Negotiation
• Strategies to get past “No” – if all appears lost
• 1st offer dynamics – when to make it and when to wait
• Ways to gain leverage when seemingly powerless
• Secrets to success in emotionally charged negotiations
• Powerful agenda control techniques
• Deadline and timing tips
• Competitive techniques vs. problem solving strategies
• Tactics to generate creative solutions
• Powerful information gathering methods
• When to share information – and when to keep it
• When to hold – and when to fold
• Ways to deal with untrustworthy adversaries
• How to keep options open while building future relationships
• The difference between “puffery” & unacceptable lying

Discuss Latz’s Golden Rules of Negotiation, including:
• Setting aggressive – yet realistic – goals
• Information is power – so get it!
• Increasing leverage by strengthening your alternatives

Negotiation Ethics – Part I, including discussion of Stalking Horse Scenario and its:
• Morality – is it right or wrong?
• Ethics or Legality – does it cross the legal or ethical line?
• Effectiveness – does it work?

Discuss Negotiation Strategies, including:
• Using objective criteria with “tough negotiators”
• Using timing to your advantage
• Designing offer-concession strategies
• Controlling the agenda

Prepare to Negotiate Simulation, including:
• Learning information-gathering techniques
• Analyzing interests vs. positions
• Creatively generating options

Negotiation Simulation

Analyze Negotiation Simulation, including:
• Evaluating Lessons Learned – what worked & what didn’t

Discuss Negotiation Strategies, including:
• Problem-Solving vs Competitive Strategies
• Impasse-Breaking Strategies
• Countering “Negotiation Games”

Negotiation Ethics – Part II, including discussion of The “False Promise” Scenario and its:
• Morality – is it right or wrong?
• Ethics or Legality – does it cross the legal or ethical line?
• Effectiveness – does it work?

What People Are Saying:
“Marty has given the practitioner a play-by-play manual that can be taken right into the negotiation room. I highly recommend Gain the Edge! for anyone who negotiates, lawyer or layperson.”
– Michael H. Ginsberg, Firm Training Partner, Jones Day

“Whether you are a confident negotiator, or one who is apprehensive of the process you will learn from Gain the Edge! Its lucid explanations, coupled with a host of practical examples, will help you to achieve better results when you next negotiate.”
– Frank Sander, Bussey Professor of Law, Harvard Law School

“Latz takes what some consider to be the province of intuition and distills the universal truths that run beneath the negotiation process. This is a page-turning, practical book sprinkled with down-to-earth anecdotes and no-nonsense advice.”
– Corey Watson, Partner, Kirkland & Ellis, Los Angeles

National Speaker:
Martin E. Latz, Esq.
Adjunct Professor – Negotiation, Arizona State University Law
& Latz Negotiation Institute, Scottsdale, AZ


A National Speaker Seminar
6 CLE / 6 CME / 1 E – Friday, December 1
9:00 A.M. – 4:30 P.M.

– ICLEF Conference Facility, Indianapolis

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Advanced Interdisciplinary Collaborative Practice Workshop – Nov. 9-10

Collaborative Practice specialist Victoria Smith leads a two-day workshop to further engage those trained in collaborative practice.

Agenda Day 1:
• Introductions/Goals/Learning Objectives
Overview of Collaborative Process & Professionals

• Advocacy in a Settlement Context – Role play
Redefining the Role of the Advocate
What we keep from traditional advocacy and what’s new
The Spectrum of Advocacy within Collaborative Practice
Understanding Conflict – Role play

• Overview of Interest-based Negotiation
Spectrum of Interests/Core Concerns
The Neuroscience of Interest-based Negotiation – Role play

• The Synergy of Neutrals and Advocates

• Key Communication Skills
Active Listening
Non-defensive Questioning
“I” Statements

• Understanding Fairness
Question & Answer

Agenda Day 2:
• Roadmap of the Team Case
Comprehensive Team Protocols

• Initial Client Meeting – Role play

• The Role of the Law in an Interest
Based Process Understanding Power

• The Interplay between Fairness, the Law & Interests

• Option Generation

• Questions & Answers
Wrap-up & Closing

National Speaker:
Victoria Smith, Victoria Smith Collaborative PC
A Toronto family lawyer with over 30 years of experience. Her passion and life work is to help clients to resolve their separation and divorce wisely and with dignity, and to support an evolution in the legal profession from adversarial advocacy to conflict resolution advocacy. Over 15 years ago, she confined my practice to out-of-court settlement work using Collaborative Law/Collaborative Practice and mediation. She has successfully resolved hundreds of mediations and collaborative cases. She provides workshops to collaborative professionals across North America and internationally to critical acclaim.

She is an empathic and solution-oriented lawyer and mediator, with a recognized capacity to negotiate creative settlements that meet her client’s needs and goals. She believes in educating, coaching and empowering her clients through a separation process that successfully prepares them for the future. Her goal is to help her clients receive their best possible outcome with the least possible emotional and financial turmoil.

Bring a mental health or financial professional & save….
Receive 50% off tuition of second and third professional after first registrant pays full tuition.

To take advantage of this tremendous savings, simply use the following discount codes when prompted at “checkout” and the second and third registrant receive 50% off tuition after the first registrant pays full tuition:
Discount Code for One Colleague = 1colleague
Discount Code for Two Colleagues = 2colleagues

12 CLE / 12 CME – Thursday & Friday, November 9-10

– ICLEF Conference Facility, Indianapolis

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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