Task 2. Choose a role between: the person chairing the conference, keynote speakers, participants of the conference and fulfill your duties.

Role Сard A keynote presenter (1) You are a keynote speaker(1). Choose one of the topics, prepare a presentation (report) and introduce it to the audience.	Role Сard A keynote presenter (2) You are a keynote speaker(2).). Choose one of the topics, prepare a presentation (report) and introduce it to the audience.
Role Сard A chairperson You are a chairperson. Your role is to open the conference, set the agenda, make sure the meeting runs smoothly with contributions from all the participants, prevent untimely interruptions and clarify what others say, to close the conference.	Role Сard A participant You are a participant (a defence lawyer). You believe that punishment is a method that balances care and restoration. After 2 reports of keynote speakers you are to take part in the discussion expressing your point of view (taking into account your role).
Role Сard A participant You are a participant (a prosecutor). You like to give your opinion but your main fault is that you interrupt the others too often. After 2 reports of keynote speakers you are to take part in the discussion expressing your point of view (taking into account your role).	Role Сard A participant You are a participant (a law-enforcement officer). Your strong belief is that punishment is a form of controlling behaviour and an effect of power. After 2 reports of keynote speakers you are to take part in the discussion expressing your point of view (taking into account your role).
Role Сard A participant You are a participant (a legal scientist). You focus on punishment in terms of offenders, the offence, the state and legal codification. After 2 reports of keynote speakers you are to take part in the discussion expressing your point of view (taking into account your role).	Role Сard A participant You are a participant (a policeman). You have strong opinion that punishment prevents social disorder and commission of crimes. After 2 reports of keynote speakers you are to take part in the discussion expressing your point of view (taking into account your role).
Role Сard A participant You are a participant (a law student): You argue that punishment is a mechanism for managing deviance and deterring crime. After 2 reports of keynote speakers you are to take part in the discussion expressing your point of view (taking into account your role).	Role Сard A participant You are a participant (an investigator): You have many strong opinions on different matters but other people noticed that you more than tend to disagree with everyone. After 2 reports of keynote speakers you are to take part in the discussion expressing your point of view (taking into account your role).

 

Task 3. Conduct a mini-conference following the recommendations of the unit.

UNIT 3 NEGOTIATION

I Background

Negotiation

Notes:

preponderance of evidence наявність більш переконливих доказів

to posture and bluster позувати та погрожувати

good faith bargaining (bargaining in good faith) чесні перемовини

unobjectionable що не викликає заперечень (неприємного почуття); прийнятний

Joseph Joubert
Never cut what you can untie.

Chester L. Karrass
In business, you don't get what you deserve, you get what you negotiate.

 

A negotiation is an interactive communication process that may take place whenever we want something from someone else or another person wants something from us.

"Take it or leave it!" "This proposal is non-negotiable." "This is it. If you don't want to accept it at that price, forget it." "Negotiating with you is a waste of time. We'll see you at the courthouse!" How do you feel when you hear statements like this? How do you feel when people are belligerent; when they let you know that they do not want to have a dialogue with you about such delicate subjects as your needs, interests, or concerns about a proposal or a transaction?

If you react negatively to ultimatums, inflexibility, and statements like those in the preceding paragraph, you may come to the realization that other people feel the same way. Unless you are in the military, or subject to some similar hierarchical organization, you will conclude that, if you want to have a relationship with the party on the other side of the table or the other end of the phone, you must negotiate. Negotiation is unavoidable.

Negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting, and everyday life.

Legal Negotiation

Legal negotiation is the process whereby an attorney, acting on behalf of his client either as an advocate or advisor, tries to obtain a favorable outcome. At the same time, the attorney may offer concessions by consultation and dialogue with another so as to reach a mutually satisfactory agreement. Though there are elements common to all instances where legal negotiation is employed (e.g. good communication skills and bargaining in good faith), the various techniques applied will vary according to the legal context in which they occur. Since the vast majority of cases are settled prior to trial, the object of legal negotiation in the context of litigation is to secure an advantageous settlement of the matter in dispute prior to trial.

In order to negotiate successfully, an attorney must have a firm grasp of the law and how the particular circumstances or facts of his client's case will determine the probability of prevailing at trial. A shrewd attorney will realize that even though the preponderance of evidence may weigh in his client's favor, a trial still presents unforeseeable risks and uncertainty. There is no guarantee of the outcome once it is placed in the hands of a judge or a jury for deliberation. The behavior of witnesses at trial may be quite different than expected, and a judge or jury may not draw the same favorable conclusions from the evidence presented as an attorney thinks.

The goal of negotiation during litigation is to find through persistent communication with opposing counsel over time, the areas in which there may be consensus as to the relative weaknesses and/or strengths of each party's respective case. Litigation also seeks to find a dollar (hryvnya) range at which the benefits of settlement outweigh the uncertainty and risks of proceeding to trial. Legal negotiation during litigation is a fluid and dynamic process. At the initial stages a common tactic is for one or both sides to posture and bluster; bargaining positions of one or both sides may remain uncompromising and inflexible.

As the date for trial draws nearer, the former rigid positions of previously uncompromising parties often change dramatically. The illusion of fixed positions disappears. The realization of being subject to the risks of the trial process has a positive effect on legal negotiation and often causes a more heightened desire to reach agreement through good faith bargaining rather than through intimidation. For these reasons, it is not uncommon for cases to settle on the day of trial on the courthouse steps.

In the context of business transactions or contract discussions, the goal of legal negotiation is to structure or draft an agreement with terms and conditions that protect the interests of one's client while agreeing to stipulations that the other party requires in order to consummate the transaction. Successful negotiation tactics require the careful exercise of an attorney's skills at drafting, communication, and effective persuasion. In attempting to secure provisions that protect his client, an attorney must be able to persuade the other party as to the necessity of the proposed provision under consideration. Often, a revised proposal, judiciously drafted, will be unobjectionable to a party who was reluctant initially to accept the wording of the original proposal.

Negotiation Styles

People often ask "which is the best negotiation style?" As with much management theory there is no single 'best' or 'right' approach. All five profiles of dealing with conflict are useful in different situations. Although we're capable of using all five, most of us tend to have one or two preferred negotiation conflict styles that we use unconsciously in most conflict situations. Why? Either because our preferred styles have worked for us in the past, or because of our temperament (nature) or because of our upbringing (nurture).

So if you're involved in negotiations, which negotiation styles are likely to reward you with the biggest profit prizes? Let’s consider each of these important conflict profile styles.