Adaptive Negotiation Skills
with Lee Jay Berman
January 26, 2024 (9:00 - 4:30 PST)
at the Skirball Cultural Center in Los Angeles
(Approved for 6.0 hours of California MCLE Credit)
Most people negotiate in a way that is consistent with their personalities. This fact bears out repeatedly in tests conducted by us over the past 20 years. Nice people approach negotiation in a collaborative way that makes everyone happy, and they often give away too much value. Competitive people negotiate in a way where they can feel as though they have won, and relationships suffer because nobody ever wants to do another deal with them, or they fail to reach a deal at all. These approaches can become predictable, making them vulnerable to exploitation.
When we have surveyed people who transact business with the public, they tell us that they spend somewhere between 50-80% of their time negotiating, whether externally with clients or managing internal matters. They also tell us that most have had, on average, fewer than 4 hours of negotiation skills training.
There is a science and a strategy to negotiation, whether negotiating deals, or settling disputes. This workshop will cover both distributive bargaining, for the competitive side of the negotiation, used to claim value effectively, and integrative bargaining, sometimes called interest-based negotiation, used to collaborate and build relationships. It is our belief that skilled negotiators must understand both methods of negotiation and practice before they can begin to develop the nuanced styles that allow them to blend these behaviors for maximum outcome.
Adaptive Negotiation is an approach for successful negotiations that comes from studying the theory and practice of both schools of negotiation, learning to understand the techniques and the tactics being used by others so as to adapt one’s negotiation style in a very mindful and strategic way in order to successfully reach both an advantageous result and build a stronger and sustainable relationship with the client, vendor, external partner, colleague or supervisor with whom one is negotiating.
The Adaptive Negotiation Skills Workshop is a lively, interactive 1-day program that studies negotiation theory and practice, game theory and negotiation ethics, and uses role-play simulations, case studies and high-energy, interactive lecture for maximum skill development. After experiencing the practical tools we share during this highly energetic program, seasoned business people will acknowledge having used tools like these, but never having completely understood the strategy behind them, and they will negotiate very differently going forward, crafting transactions in more creative, more responsive and more adaptive ways.
Participants will leave with a strong understanding of the different negotiation styles, having practiced employing each, and then having practiced the combination of the two. They will leave with greatly increased self-confidence as they approach their next real life negotiations. As an added advantage, participants will leave with a common language for the strategies being employed during a negotiation, which facilitates their communicating with each other about situations and strategies.
This course will cover:
- Competitive Negotiations
- Distributive Bargaining
- Avoiding Exploitation
- Simulation: "You've Got Mail"
- Beyond Avoiding Exploitation
- Opening Offers
- Collaborative Negotiations
- Positions v. Interests
- Simulation: Banktec v. San Diego Federal
- Creative Problem Solving
- Managing Negotiation Styles
- Defining Success
Click Here to view the Course Outline
Learning Objectives: At the conclusion of this program, participants will leave with a strong understanding of the different negotiation styles, have increased self-confidence in relation to real life negotiations, and a common language for the strategies being employed during a negotiation.
Who Should Attend: Everyone who negotiates in their role, including managers, salespeople, procurement people, attorneys, insurance claims professionals, risk mangers, and mediators.
About Your Trainer: Mr. Berman began as a full-time mediator 29 years ago, and has successfully mediated over 2,700 matters, many of which were high profile cases. In conducting those mediations, he has facilitated negotiations between some of the very best in the business, and some of the very worst. Aside from learning from workshops and books, Mr. Berman learned from watching over 7,000 attorneys negotiate on behalf of their clients. He has coached many, many attorneys and executives in all forms of business negotiations, and realized that with good negotiation skills, and better communication, most of these disputes would not have needed to retain his services as a professional mediator. Mr. Berman believes that if business people and attorneys on the front lines possessed the most basic negotiation skills, they would see the results in better deals, better working environments, and better relationships.
His credentials: Chambers USA has ranked him among the very top commercial mediators in the U.S. from 2018-2023, recently naming him to their “Band 1” as one of the top 13 mediators in the U.S. He has been voted by his colleagues into the Who’s Who of International Commercial Mediation from 2012-2023, and was recently named one of the 10 Global Thought Leaders in North America. ADR Times also recently named him to their inaugural “Who’s Who in ADR” (Alternative Dispute Resolution). The National Academy of Distinguished Neutrals (NADN) named him their inaugural “Distinguished Neutral of the Year” in 2017. California’s Daily Journal twice named him “Top Neutral”. And, the Southern California Mediation Association has honored him with both their Cloke-Millen Peacemaker of the Year (2021) and L. Randolph Lowry Award (2010) for his work as a mediator, trainer, and thought leader in the field.
He is on the American Arbitration Association’s elite Master Mediator panel for employment matters, a national panelist on their commercial and construction panels, and a select mediator on their International Center for Dispute Resolution mediation panel. He is a Distinguished Fellow with the International Academy of Mediators, a Charter Diplomat with NADN, and certified by the International Mediation Institute (one of the first 5 mediators in the U.S.).
Also a popular trainer, Mr. Berman founded the American Institute of Mediation after seven years as Director of Pepperdine Law School's "Mediating the Litigated Case" program (ranked #1 nationally). He has trained mediators, judges, attorneys, and business leaders across the U.S., Canada, Mexico, and Europe, as well as in Croatia, Dubai, Jordan, India, Uzbekistan, Australia, and New Zealand, and has consulted with court systems across the U.S., and in India.
Lee Jay has been interviewed on dozens of podcasts, published numerous articles on mediation and negotiation, and the American Bar Association will be publishing two of his books in 2023 and 2024.
What people have said about Adaptive Negotiation Skills
with Lee Jay Berman:
"Well that decides it - anyone that misses the chance to hear Lee Jay Berman share his unique and invaluable, cutting-edge insights and perspectives on mediation does themselves a great disservice." – Chuck Crumpton
“Such a strong program that every lawyer or other disciplined professional mediator must take this course to go to the next level of his or her craft.” – Richard Millen, Esq.
"This course included a wealth of information that will take quite a while to absorb, but once it is, it will be very useful in business and in personal life” – Patrick Stoddard, Project Estimator, Now Specialties, Carrollton, TX.
“Lee Jay is one of the very top negotiation trainers that I have worked with.” – Jeff Forbes, Regional Director, Beck Group Construction, Dallas, TX.
“Lee Jay’s enthusiasm, energy and passion facilitate the art of thinking outside the box like no other!” – Dana Schutz Keane, LMFT, at the Center for Cooperative Divorce
“Lee Jay goes beyond the text book methods of how to negotiate and adds a psychological foundation and reasoning to the topic. This adds a greater depth of understanding.” – William “Skip” Eller, Deacon at St. Aidan’s Episcopal Church, Tulsa, OK
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WHEN: Friday, January 26, 2024 (9:00 AM - 4:30 PM PST)
WHERE: Skirball Cultural Center in Los Angeles
This course is one full day, it will begin with breakfast and registration beginning at 8:30 a.m., class will commence at 9:00a.m., with an hour for lunch and one 10-15 minute break in the morning and the afternoon. Continental breakfast, lunch and snacks will be served and are included. We typically end by 4:30 p.m. Please arrange to stay to the end and schedule outgoing flights after 6:30 p.m.
Enrollment Pricing Options
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General Enrollment
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$695
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NADN Discount
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$495
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