Board-room vs court-room

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What is the difference between negotiating and pleading?

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?

Negotiating

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

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.

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What can lawyers and negotiators learn from each other?

1. Strategic questioning and listening:

  • Negotiators are skilled at asking open-ended questions to uncover the interests and needs of the other party. Lawyers can adopt this skill to better understand the nuances of a case and anticipate opposing arguments.
  • Conversely, negotiators can learn the importance of listening to the details, enhancing their ability to identify everything that can influence negotiation outcomes.

2. Controlling narratives:

  • Lawyers excel at presenting a compelling narrative that aligns with legal arguments and evidence. Negotiators can learn to build narratives that resonate emotionally with the other party, thus making better proposals.
  • We teach negotiators to apply the principle of ‘in their world, to their benefit,’ which lawyers might find useful in mediation or settlement contexts.

3. Adaptability:

  • Both operate in dynamic environments where adaptability is key. Lawyers benefit from the negotiators’ ability to pivot strategies based on real-time feedback.
  • Negotiators can learn the importance of maintaining a structured approach while being flexible enough to adapt to new information or changes during the negotiation.

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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