Two weeks ago, I had the pleasure of participating in a simulated court case during an event at Pels Rijcken. Nevi, Young Procurement Professionals (YPP), and Pels Rijcken; thanks for having me!
In both the courtroom and the boardroom, persuasion plays a crucial role. However, it’s essential to recognize the distinction between negotiating and pleading. What can we learn from each other?
Negotiation is a discussion aimed at enabling decision-making. A crucial part of every negotiation is to ask the right questions because negotiators seek to understand the other party’s world. Questions are asked before and during the negotiation. With that information, they create solutions. The goal isn’t necessarily to reach an agreement because sometimes the best outcome is to not work together.
Pleading, on the other hand, is about advocating for a specific outcome in a legal context. Lawyers plead to convince a judge or jury to rule in favour of their client. This process often involves presenting evidence, legal arguments and emotional appeals. Unlike negotiation, pleading is less about possible collaboration and more about presenting a compelling case within a structured legal framework. The questions are only asked before, and not during the pleading.
Whether you are negotiating a business deal or pleading a case, there’s always something to learn from each other. Do you have any stories, insights, suggestions, similarities, or differences?
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