When Collaborative Practice Collides with the Hardball Negotiator

The heart of Collaborative Practice includes transparency, integrity, and principled cooperation to address concerns. Usually successful, on occasion, the process disintegrates, especially if negotiations become positional and people resort to hardball negotiation tactics out of fear, or insecurity about the process, or because they don’t know of another option. It is likely that all Collaborative professionals will occasionally encounter someone engaging in hardball negotiation tactics when working on a Collaborative file.

It could be a client or a professional. The tactics might be subtle or obvious. Whenever a client or professional engages in hardball negotiation, the negotiation has become positional. What do you do when you find you’re negotiating with someone who is seeking advantage only for themselves or their client?

This interactive and experiential workshop is about disrupting hardball negotiation tactics. You will learn how to:

  • identify common hardball tactics;
  • understand the goals and impact of common hardball tactics;
  • intervene and redirect common hardball tactics;
  • understand the fears of the hardball negotiator;
  • analyze the negotiations and to work with your team to redirect negotiations to be more effective.

You will learn skills to better recognize hardball tactics and redirect them through a combination of learning and skills practice. This workshop will help all members of the professional team to respond more effectively to hardball tactics—to shift the conversation back to working together towards joint solutions when possible.

This workshop is suitable for collaborative professionals at all stages of their practice from “just trained” to very experienced.  It is also designed for all types of collaborative professionals including lawyers and neutrals.

Accreditation: CPT credits: 6 hours; this program is also being considered for accreditation by the LSUC for professionalism hours.


About J. Mark Weiss, JD, CDFA
(www.mark-weiss.com)

MARK WEISS is a speaker, instructor, and writer on Collaborative Practice and dispute resolution. Mark has practiced law in Seattle since 1987; he retired from litigation in January 2007 to become a full-time Collaborative lawyer and mediator. Mark served for five years on the Board of IACP, chairing the Standards Committee and co-chairing the Ethical Standards Rewrite Task Force. He has also been a Board member of King County Collaborative Law and Collaborative Professionals of Washington. Mark is a Fellow of the American Academy of Matrimonial Lawyers, is “AV” rated by Martindale-Hubbell, and was the 2005 recipient of the Attorney of the Year Award from the Washington State Bar Association Family Law Section.


CPT members may register online using the button below. 

Non-members may register with this form.

Register NOW

Back to all Events & Workshops