Win More and Sweat Less in Settlement Negotiations
Learn sophisticated negotiation skills few lawyers possess … even if you are new to mediation advocacy.
Either You Get VERY Good At Negotiating...Or You LOSE...Simple As That
But the problem is, if you think the lawyers at your firm are going to teach you how to be a master negotiator, you’re going to be waiting a LONG time.
You see, your firm’s top lawyers are WAY too busy using their negotiating prowess for their own clients. If you're lucky, you may have caught a glimpse of their negotiation style by sitting in on a mediation or two... although chances are, you had too many other things on your mind at the time to take notes.
The thing is, if you're a young lawyer, you'll typically be on the team to accompany senior lawyers in their mediation and negotiation sessions, with both new and ongoing cases.
The problem is that you are only witnessing the top of the negotiation iceberg. There is no way you can learn the important 90% of negotiation that is hidden unless you are taught how to do it.
On the other hand, if you're practicing law on your own -- maybe you’re taking your first fender-bender, and now you need to negotiate against the insurance adjuster or the defense lawyer, to grab the best terms for YOUR client – exactly how do you do that and come out on top?
After all, nobody taught you strategic negotiation skills at law school. And it can take years for you to hone your skills to a world-class level through intermittent, edge-of-your-seat exposure to mediation. In those rare instances, you're simply thrown to the wolves, hoping you figure out how to survive…
Maybe you are a paralegal or legal assistant responsible for working up cases for mediation. I doubt that anyone has shown you a systematic way to prepare a negotiation briefing memo that will make you an invaluable member of the negotiating team.
Let me let you in on a revealing statistic…
Roughly 98% of all lawsuits settle without trial.
So you’ve got to ask yourself, which skill do you think is most important for your client (and your own financial success as a lawyer) -– trial advocacy skills or negotiation mastery? I’m here to tell you that sizing up your opponents, understanding human nature and behavior, and positioning yourself for the win through your own pinpoint-precise negotiation is core to creating can’t-lose settlement negotiation scenarios regardless of what turns up.
You CAN master strategic negotiations on an uncertain playing field.
To fast-track your success, I think the biggest realization I could offer you from all the negotiations I’ve conducted or mediated, is to show you how little “the law” plays a role in the outcome.
- behavioral economics
- decision theory
- game theory
- social psychology
- cognitive neuroscience
- affective neuroscience
As a whole, all of these issues are deeply influenced by the new findings in neuroscience, telling us so much about how our brains actually work in the negotiation room. I’ve always been impressed with how a nuanced and rock-solid understanding of human behavior comes into play in EVERY decision, conflict or negotiation -- especially the ones you might expect to solve with plain, cut-and-dry logic.
More importantly, you’d be surprised to discover how effectively playing to those quirks of human behavior paves the way to forging consistent, successful negotiations to YOUR best outcomes… over and over again.
The problem is, where can you go to:
- Get relevant and practical real-world knowledge at successful negotiation, without giving up client-facing time or billable hours?
- Learn real-world negotiation strategies & tactics that actually work -- PLUS the best scenarios to use each one to craft your best outcomes?
- Retain your professional standing and enhance your reputation as the go-to negotiator for clients who want to WIN their settlements?
- Settle more cases and earn more respect, more accolades and more money for your expertise?
Introducing
Negotiation Mastery For The Legal Professional
When you’ve completed Negotiation Mastery for the Legal Pro, you’ll know exactly how to:
- Correct the mistaken belief that settlement negotiation is "just about the money"... and how this myth can cost you a lot.
- Recognize how negotiation differs from ordinary conversation… from arguing in front of a jury… from preparing a legal brief… or any kind other kinds of legal communication that you might encounter (WARNING: you MUST use these success-building tweaks in your approach if you ever hope to win challenging negotiations)
- Structure your negotiations properly, and prevent them from spiraling out of control... before they become an all-out contest of wills to be won at all costs (sacrificing your client's best interests while you battle it out with your unyielding pit-bull opponent)
- And much, much more!
Here’s What You’ll Get When You Sign Up
Negotiation Mastery for the Legal Professional is an advanced course in strategic and tactical settlement negotiation. This not some generic "Karass" negotiation course for business people. It has been produced by a master mediator and negotiator with over 40 years of experience for lawyers and other legal professionals.
Over 40 Video Lessons in Advanced Legal Negotiation
From negotiation basics to advanced game theory, you will learn strategies and tactics you can put to work immediately
Multi-Disciplinary Topics
Learn how to use behavioral economics, cognitive neuroscience, social psychology, Bayesian analysis, and many more non-law academic disciplines in your negotiations.
Strategies and Tactics
Learn advanced strategies and tactics, such as concession planning, risk analysis, litigation budgeting, and intangible risk analyses that prepare you for your mediation.
9 Hours MCLE
The course is approved for 9 hours of MCLE in California and Florida. Other jurisdictions have accepted this training as approved MCLE on an individual basis. The 9 hours includes 1 hour of Ethics.
Here’s what people are saying about the course
Hundreds of lawyers, mediators, judges, and even law students have taken Negotiation Mastery for the Legal Professional. Here's what a few of them have to say.
Joe Garrett
Blown Away By Your Course!
I thought the course was excellent. I took my time with it, took many pages of notes and really benefited.
The material on firmly held beliefs particularly blew me away. No wonder we have so much
trouble communicating with each other!
Elisabeth Fisher
Attorney and Mediator
A Thorough, Sophisticated Course
A thorough, sophisticated course that goes far beyond the usual "Introduction to Legal Negotiation" workshops. Sound theory based on current scientific research, coupled with honest practical advice. Apply the lessons learned in this course, and your negotiations and mediations will instantly become more productive.
Brian Spector
Attorney and Mediator
Outstanding!
I only wish I had been exposed to this in law school or early in my career as a lawyer.
What’s in the Course
Negotiation Mastery for the Legal Professional Has 8 Modules
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Module 1: Negotiation Fundamentals
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Module 2: Attributes of a Master Negotiator
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Module 3: Evaluating Your Negotiation Targets
- Calculating the value of potential settlements in your case is critical to deciding your negotiating strategy. Here’s how to know the values for you AND your client if you pursue a negotiated deal… so you can choose between negotiation and a drawn-out legal battle with confidence. After all, preparing a litigation budget does more for you and your client than merely “rough out the dollars”... it provides a guideline for decision-making, minimizes billing 'surprises' and improves your selection of profitable cases - eliminating the unprofitable ones from your calendar, right from the start.
- For this lesson, you can download a detailed Litigation Budget Template in Microsoft Excel, then follow along with a video walk-thru of exactly how to fill it out in minutes.
BONUS: Downloadable Litigation Budget template in Excel - How do you make the critical “go or no-go” decisions that each settlement case hinges on? More importantly, how can you guide your client to their best decisions, in the face of aggressive opposing counsel, the uncertainty of a jury’s verdict, or even the intangibles of a case’s “wear and tear” on your client’s financial and emotional well-being? As a companion to your litigation budget, you'll see how to conduct a thorough risk analysis to reduce your client's emotional attachment to the issues as you both see them taking shape on paper, right in front of you.
BONUS: Downloadable Risk Analysis template in Excel - We'll finish up this section with an in-depth look at the risks of litigation. Remember, your client is looking to you for guidance as they make legal choices that can have significant, long-term effects on their lifestyle, livelihood, health and finances. So here’s where we’ll reveal tools we use that help you make authoritative, strategic case decisions, assessing your client’s most profitable settlements with more than 95% accuracy (so you BOTH get paid!)
- And this discussion wouldn't be complete without revealing the most important 10 minutes of your entire brief. In addition, it will be CRYSTAL CLEAR why you MUST be involved in jury selection, from start to finish -- when you discover the thinking process rolling around every juror's mind as you present your case... and how to influence their biases in your favor by the format of your argument.
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Module 4: Client Relations in Negotiations
- LISTENING is SO important when you first meet a potential client. But WHAT you're listening FOR is vastly different when you're taking a negotiation approach vs. a litigation and verdict approach. Here's what to ask, what to listen for... and what it all means to you, your client and your firm.
- Determining who your REAL client is... setting and communicating expectations... and then managing your client's emotions effectively throughout the entire negotiation process is the only way you'll keep the case on track. Heres' how to put it all together so you AND your client both get PAID at the end of it all.
- If you're playing a supporting role at the negotiating table, your primary role changes. Because you'd better have a thorough risk analysis, decision trees and damage analysis in the brief to support your boss as the case goes forward. Here's how to produce a brief book to WOW your lead negotiator ... AND keep your job.
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Module 5: The Psychology of Successful Negotiations
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Module 6: Power in Negotiations
7
Module 7: The Mechanics of Distributive Negotiation
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Module 8: Direct Negotiation and Mediation
- Interest-based negotiation is my favorite form of negotiation -- an extremely sophisticated process that helps people move away from knee-jerk System 1 thinking to problem-solving System 2 thinking. It differs from distributive negotiation by focusing on interests, rather than positions – which means neither side has to give up a lot to get a little.
- In addition to typical mediated arrangements, we'll talk about direct negotiation -- how to conduct negotiations WITHOUT a mediator. There are advantages and disadvantages to this strategy, of course... including the dangers of using this approach with opposing counsel!
- To round out your skills, we'll dive into a 3-part series on Negotiation and Mediation, starting with how to select the best timing and the best mediator for your session. Should you accept your OPPONENT'S choice? Plus, once you've decided on mediation for your case, you'll want to prepare your client for the process, too... here's how to get it done WITHOUT another extended client meeting.
- For our second lesson in Mediation, you'll discover a seldom-used but powerful session format for lawyers who appreciate the value of knowing more about their opponent to reach a profitable settlement. In addition, you'll pick up case-shaping tips on how to leverage the mediator's position for your client's case, especially when emotions in the room are reaching the boiling point.
- Finally, in our third lesson on Mediation, you’ll learn to squeeze maximum value out of emotion-charged mediations with "caucusing". You'll find out about the best situations to use this high-level technique, and understand the game-changing role of aggression in mediation... should you use it at all? And how do you defend against it?
Bonus
Purchase Now and Receive These Bonuses!
When you purchase Neogtiation Mastery for the Legal Professional you will received these bonuses valued at over $7,000.
Exclusive 150 Page e-Book
I could have published this book, but decided to keep it as a bonus to my students. The book covers the entire course in detail. Use it to follow along,l take notes, and refer to topics that you need to go over a few times to understand.
Litigation Budget Analysis
You will learn that knowing the cost of litigation is a critical, and often missing element, of preparing for mediation. You will receive a sophisticated Excel worksheet template that covers every conceivable litigation task from intake to case closure. You will learn how to calculate the cost of litigation and share that information with your client. This bonus tool is especially important to contingency fee lawyers.
Risk Analysis Worksheet
Clients bring a lot of cognitive biases to mediations. This worksheet has been carefully designed to get your client thinking very differently about the case. It is a great way to help your client understand the value of settlement in mediation.
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About The Course Teacher,
Douglas E. Noll, JD, MA
Douglas E. Noll, JD, MA left a successful career as a trial lawyer to become a mediator and peacemaker. His calling is to serve humanity, and he executes his calling at many levels. He is an award-winning author, teacher, trainer, and a highly experienced mediator. Doug’s work carries him from international work to helping people resolve deep interpersonal and ideological conflicts to training life inmates to be peacemakers and mediators in maximum-security prisons.
He has been teaching advanced negotiation skills to lawyers since 2000.
Here’s what people are saying about Doug Noll
Robert Creo
Attorney Mediator
One of the Most Powerful Speakers
Doug Noll is one of the most powerful speakers and teachers I have ever seen. He has taken complex ideas from cognitive psychology and neuroscience, distilled the essence of what is important to us to de-escalate strong emotions in conflicts, and presented his ideas in an entertaining, easy-to-follow, and engaging presentation.
Gregg Relyea
Attorney Mediator
Awe-Inspiring Presentation
Just a short note to thank you for an awe-inspiring presentation. You had everyone's rapt attention. Personally, your remarks reminded me of the compassion, joy and adventure that are involved in mediation. You really touched that spark within, which is probably the first time I've experienced that since I began in mediation over 20 years ago. Thank you.
John S. Freud
Attorney
The Single Best Seminar...
Quite simply the single best ADR seminar I have attended. Period
How Much Is It Worth To Gain An Additional $100,000 In Case Settlement Value?
Students of Negotiation Mastery for the Legal Professional routinely report better settlement outcomes for their clients. If you apply the principles, strategies, and tactics to your mediations and settlement negotiations, you will too.
Assume that with the knowledge and skills you gain in the course, you increase your average case settlement value by a mere 10%. If you mediate 10 cases per year with an average settlement value of $100,000, your new knowledge will amount to an additional $100,000 in value to your client. This applies to whether you are a general civil trial lawyer, business and commercial trial lawyer, insurance defense lawyer, or plaintiffs' personal injury lawyer. Even family law lawyers benefit from the power of this knowledge.
Suppose you wanted to retain me to consult and coach you for 10 hours in these advanced negotiation skills. My billing rate is $500 per hour, so you would pay me $5,000 just for the consult.
Suppose you were to take the time to research, design, and create a detailed Litigation Budget Analysis, a Decision Tree tool, a Risk Analysis Worksheet, an Intangibles Risk Assessment, and a practical guide on how to use them. If your billing rate is $250 per hour (I'm sure yours is higher), you would spend 100 hours on this project. I know, because that's how long it took me. And, that's after decades of research and practice as a trial lawyer, mediator, and law professor. You could easily sink $25,000 just to create the incredible tools you will get as a bonus with the course. And here's the thing: You will not find these tools anywhere else on or off the Internet.
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Negotiation Mastery for
the Legal Professional
40+ video lessons, 9 Hours, Priceless Bonuses, MCLE
$
1,999.00
100% Satisfaction Guarantee for 30-Days
I put my money where my mouth is. If, within 30 days of purchase, you are not completely blown away by this course, send me an email. I will refund your tuition and you can keep the tools and the e-book.
You don't even have to make a decision whether to purchase the course for 30 days. Take it and see whether it pays off for you. If it does, great. If you don't think it's worth the price, no problem.
Don’t wait! Look at what past students have to say about this course
Whether mediators, attorneys, legal assistants, or even non-lawyer mediators, students have found Negotiation Mastery for the Legal Professional to be powerful and useful.
Phylllis Pollack
Attorney and Mediator
You connected the dots....
As you may suspect, I already knew about the vast majority of the stuff you discussed; what your course did though was to refresh it for me, reframe it for me, and help me put it altogether in a way that makes sense to me and that I can express to parties during mediation... you helped me connect the dots a lot easier. The lack of mediation preparation by attorneys is one of my pet peeves and now I know exactly why!
Thank you!
Mark Creede
Construction Law Attorney
Extremely well-organized and comprehensive...
Excellent coverage of settlement negotiations. The video lessons were easy to follow, and complex subjects were broken into digestible pieces. The e-Book was comprehensive and very useful as a study guide.
David Bayliff
Federal Mediator
Well-presented...
The course was well presented, with good examples and offered questions that made the student reflect upon the material.
Frequently Asked Questions
The video lessons range from 8 minutes to 30 minutes in length. Some of the more complex topics may require you to watch the video and read the e-Book chapters several times to integrate the information. The downloads are available as they are introduced.
The videos stream from a cloud service (Box.net) and should be accessible on any modern device connected to the Internet. We recommend that you take the course on a tablet or desktop. Having a relatively new device, a strong internet connection, and reasonable bandwidth will improve performance.
Yes. Email me any questions you might have. If necessary, we can schedule a quick Zoom call to clarify points in the course. By separate agreement, you may engage me for more customized and personal coaching, training, and case assessment.
The MCLE certificate of completion is generally acceptable in most US jurisdictions. If you need additional information, email me with your request. You will be responsible for seeking credit from your jurisdiction.
Take the course within 30 days of purchase. If for any reason, it does not meet your expectations, email me. I will refund your tuition within 24 hours, no questions asked.
You will feel much more confident. You will be able to predict the other side's moves with startling accuracy. You will be able to explain the settlement negotiation process to your client clearly with hard data to support your plan. You will be able to recognize and deal with all of the "hardball" negotiation tactics that so-called experienced negotiators think are clever. You will never be surprised by anything that happens in mediation. You will be able to work with an experience, knowledgeable mediator more effectively and basically control an inexperienced mediator.
Negotiation Mastery for
the Legal Professional
40+ Video Lessons, 9 Hours, Priceless Bonuses, MCLE credit
$
1,999.00
Thanks!
I've dedicated my life to helping people grow. I'm particularly interested in helping professionals like you make our world a better place. I'm proud of the course, and I hope you find it to be immensely useful.