Negotiation Tactics

Collin: This is Collin O’ Keif for LXVN TV and Affiliate Texas BAr TV. Im here at the 2013 State Bar of Texas annual meeting. And I am joined by attorney David S. Bouschor, II. David first, we are talking about negotiation, you just came out of a session of negotiation. Tell me a little bit about the difference between, precessional negotiation somewhat more traditional. And also interest based negation.

David: Well positional is something we are all really familiar with, it’s horse trading. You have a string and you have a pea and you’re going back and forth, you have one objective and really what you’re trying to do in the case of horse training is “how much am I going to pay for this horse”. Interest based is where you step back from the actual negotiation, you try and decide why everybody wants this horse. What peoples interests are, and often you can come up with a better solution, a solution that adds value for both of the parties. And in most cases you may be solving problems that are unsolvable with positional based.

Collin: I see. And with interest based you fine that it is really efficient in the legal world. How does it work there and do you find that you know. As you mentioned I understand it, you know both parties ending up getting what they want verses a winner and a loser.

David: Well in the legal world I think it is very useful, the problem that you have often in cases is that theres so much emotion involved and people are unable or with out train or help.