Columbus OVI/DUI Attorney Blog
Many continuing legal education seminars teach the art of trial skills. In the area of DUI (called ‘OVI’ in Ohio), fewer than five percent of cases go to trial, but 100% of cases involve negotiation. For the first time, the National College for DUI Defense (NCDD) held a seminar to improve negotiation skills. The presentations provided valuable insight, and three of them stood-out to me.
Distributive vs. Integrative Negotiation
Professor Nancy Welsh from the Texas A&M University Law School taught the difference between distributive and integrative negotiation. Distributive negotiation involves ‘value claiming’, while integrative negotiation can be thought of as ‘value creating’. The two approaches have differences in assumptions/goals and common techniques.
In distributive negotiations, the assumptions are: resources are limited, negotiators are adversaries, and future relationships are less important than immediate gain. The goals are to influence the opponent, avoid making concessions, and have my needs met. The common techniques include making a high initial demand, hiding the bottom line, and making counter-offers.
In integrative negotiations, the assumptions are: the conflicting needs can be met, negotiators can be allies, and future relationships matter. The goals are to fully understand the other’s underlying interests, look for options to address all interests, and meet all needs. The common techniques include probing for underlying interests, seeking options which respond to all interests, and choosing options which provide mutual gain.
Micro Negotiations
Chase McTaggart of Quiet Man Negotiations presented on micro negotiations. In the context of a negotiation, there are multiple exchanges (communications) between the parties. Each exchange is a micro negotiation. Each micro negotiation has an impact on the macro negotiation.
McTaggart recommended that an exchange is made from a neutral (not elevated) position, without emotional provocation, with clear communication of the alternatives, and with interrogative-led questions. He explained a negotiator can be firm without being confrontational, jeopardizing the deal, or hurting the relationship.
Decoding Facial Features and Body Language
Brian Galke of Subtle Skills explained what information is communicated by a person’s facial features and body language. Regarding facial features, the angle of a person’s eyes indicates how that person thinks, and the shape of a person’s eyebrows tells how that person makes decisions. When it comes to body language, a common sign is arm crossing, but the crossing of arms is not as important as the speed with which the arms are crossed. I was skeptical of these methods, but the live demonstrations showed they have merit.
My Approach to Negotiation
The presentation which resonated most with me was Professor Nancy Welsh’s discussion of distributive and integrative negotiation. The principles underlying integrative negotiation are consistent with my approach to negotiation, which comes from Stephen Covey’s The 7 Habits of Highly Effective People: think win-win, seek first to understand/then be understood, and synergize. The valuable information from the other speakers can be incorporated within this framework.