Negotiate your way to success
updated on 02 June 2009
In the current economic climate, alternative dispute resolution (ADR) methods are increasingly being used as an alternative to costly litigation. Skilled mediators are particularly valued in many firms, especially in light of new legislation in the employment area and recent cases of parties being fined for refusing to consider mediation before litigation.
Three students from Liverpool John Moores University (LJMU) who participated in recent mediation and negotiation competitions explain here how the experience has benefited them and why they hope it will assist them in their future careers.
What's what
Lawyers require many skills, including fluent communication, creative thinking, time management and excellent preparation methods. These skills are part and parcel of mediation and negotiation.
Negotiation is a very popular alternative to litigation. Very often, solving commercial and civil disputes via litigation can be a long and expensive process, so generally an alternative to this is appealing. Negotiation can require some compromise and a collaborative approach in order to reach an agreement suited to all. The strategy taken will depend on the issue at hand; a more competitive approach may be appropriate in commercial situations. The attributes of a good negotiator include presence of mind, quick thinking, a good eye for detail and an ability to look objectively at the situation.
'Mediation' is defined as a voluntary, non-binding method of resolving disputes. It is the most popular and widely recognised form of ADR, both nationally and internationally. The mediator's role is not to act as judge or arbitrator, but to facilitate the parties in reaching their own agreement. Skills required to achieve this include active listening, patience, creative thinking and good communication. As well as legal knowledge, effective dispute resolution demands excellent people skills in order to help clients feel comfortable enough to open up and reveal information which may be vital to the process.
Negotiation competition
Two students from LJMU, Jenny Calvert and Aisling Owens, won the National Negotiation Competition 2008, beating 55 teams of undergraduates and postgraduates from institutions across England and Wales. The competition involved taking part in three separate dispute scenarios and attempting to negotiate a satisfactory resolution. Contestants were judged by a panel of professional lawyers and marked on the quality of their arguments, the justification for their actions and their overall negotiation strategies. The high-pressure, fast-paced challenge required composure, quick thinking and many hours of preparation.
As competition winners, Jenny and Aisling went forward to represent England and Wales in the International Negotiation Competition 2008, which was hosted by the University of Westminster in July. The competition provided them with an insight into the various negotiation methods used in different countries. They were runners-up in the competition.
LJMU law lecturer Sarah Hardy-Pickering - who, along with senior lecturer Ian Johnson, coached Jenny and Aisling - said: "We are delighted but not at all surprised at their victory. Their success is a testament to their natural abilities to think creatively, problem solve and engage with their clients' brief. Their thorough preparation and the time and effort they devoted to the event were commendable, and we are truly overjoyed at their well-deserved triumph."
Mediation competition
After the success of the negotiation competition, Aisling and Jenny were selected to join the mediation team along with fellow LJMU student Katherine Kearley.
The first aspect of the mediation competition was a training day in London provided by the ADRg, a group recognised nationally and internationally as a leading authority in ADR techniques. The training day gave the teams the opportunity to hear from a professional on what mediation entails and what skills and techniques are used. It gave them a better understanding of the methods used to facilitate parties' cooperation in terms of objectives and of the various techniques used for opening and closing a mediation.
In November 2008 the team came to London to take part in the Westminster Mediation Event, which involved competing against teams from all over the United Kingdom in three mediations over two days. LJMU won best team overall and Jenny was the runner-up in the best mediator category. The prize for winning the competition was ADRg training to be an accredited mediator in the area of the team's choosing.
The team then went to Chicago to represent the United Kingdom in the International Mediation Tournament 2009. This competition was on a much larger scale, with 37 teams taking part. The LJMU team received hands-on training from mediator Dick Calkins and Case Ellis, president of the International Academy of Dispute Resolution. They also received advocate/client training from Nancy Schultz, a professor at Chapman University School of Law in California, and saw a mediation demonstration by Fred Lane, a distinguished figure in ADR in Chicago.
The team was proud to win fourth place in the International Division and to receive the award for Outstanding New School. Katherine says: "Going to Chicago was absolutely fantastic. Various events were organised during the week in order to help us mix with the other members of international teams and we made several contacts which we hope to keep and which perhaps may lead to some work experience abroad. Also from this, LJMU are hoping to host the competition in future years."
After taking part in the competition Jenny and Aisling hope to have careers involving negotiation. Aisling says: "I really feel that this experience has opened new doors for me and has shaped my aspirations for the future. I always wanted to be in the legal profession, but I now specifically want to be in dispute resolution. I will most likely choose to practise in a law firm that offers these services."
Jenny adds: "The skills we learnt through taking part in the competition can be applied to other aspects of life. We definitely have more confidence now and are set on achieving our desired careers. We were up against students further advanced in their careers than ourselves, but we invested a vast amount of time in preparing and knew exactly what each other was going to say. Our relationship in that sense was invaluable and I really think it's the reason we have succeeded."
Join the club
There are many ways for students to gain experience in negotiation and mediation. Getting involved in a university team is one of the best options. Competing in internal, national and international competitions is a useful way to hone the necessary skills and to learn from other people's experiences and techniques. Also, participating in these competitions improves teamwork and preparation skills: invaluable qualities for legal practice. Additionally, ADR competitions are a great way to socialise, as they enable people with similar interests to meet, from all over the United Kingdom and from across the world.
Students might not have considered the benefits of getting involved with ADR, but Jenny, Katherine and Aisling serve as an excellent example of why this is a fantastic way of building on your existing skill set and ultimately enhancing your appeal to employers.
Even if your university does not have a competing team, there are still other ways to get involved. Try contacting the ADRg or CEDR (Centre for Effective Dispute Resolution) for information and to find out about the possibility of arranging work experience or training.
Jenny Calvert, Katherine Kearley and Aisling Owens are students at Liverpool John Moores University.
