The Master Negotiator Course | The Negotiation Academy

Welcome to the Master Negotiator Course!

Most professionals gain a lot of experience negotiating and communicating over the course of their careers. And yet, we often see a wide skill gap in communication and negotiation skills, causing even senior professionals to miss out on valuable opportunities to create more business, negotiate better outcomes and strengthen relationships.

The Master Negotiator Certificate Course is a flexible, fully self-paced course worth more than an entire semester of content as you would receive during an MBA or LLM at a top university. It is designed to help you translate experience into expertise and outperform in your negotiations with business partners and clients.

With dozens of practical negotiation examples across 100+ videos, 20+ quizzes, 5 negotiation role-plays for you to download and lots of self-assessment and worksheets supplemented with 60+ interview insights from leading practitioners, this course creates an engaging and hands-on environment for anyone hoping to advance their skills.

The Harvard Concept. Using interest-based negotiation to optimize results.
Collaborative Negotiation. How to create value in every deal.
Competitive Negotiation. When you have to bargain with them.
80% of the outcome is preparation. How to prepare effectively in no time.
Relationships matter. How to balance issues and relationships, create trust, rapport and long-term commitment.
Effective communication. Aligning people behind the table and across.
Psychology and decision making. One step ahead in your negotiation.

Chapters can be done in random order based on interests and quizzes repeated until the passing mark for certification is met. Click on the videos in module one for free previews. For any questions, reach out to office@necademy.com any time!

We look forward to seeing you online!

Dr. Claudia Winkler

Module 1: Introduction to Negotiation & The Future of Lawyering

Legal Practice is undergoing significant change and the skills you need to succeed as a legal practitioner these days go far beyond the legal skills acquired at university. In this introduction to the future of your work and career we look at:

what crucial role negotiation skills play in daily legal work
how the landscape of lawyering is changing and how it changes the requirements for successful lawyers
how today's Dispute Resolution Processes are all structured around negotiation skills
what value negotiation savvy lawyers can add for their clients
what it takes to become a top lawyer in our generation
what major mindset shift and what skills this course will bring to you

1.1: How to make the most of the Master Negotiator Course

1.2: Suggested Semester Curriculum

1.3: Welcome to The Master Negotiator Course

4 min

1.4: The New Paradigm of Law: Problem Solving

4 min

1.5: Negotiation in the Dispute Resolution Spectrum

4 min

1.6: Could You Be That Lawyer?

6 min

1.7: How to Become That Lawyer

6 min

1.8: The Big Shift

6 min

1.9: Rashda Rana - Negotiation for Daily Life and Law

1 min

1.10: Michael Mcllwrath - Lawyers of the Future

1 min

1.11: Gary Born - Negotiation Skills for Arbitration Lawyers

1 min

1.12: Johannes Willheim - Negotiaton Skills in Litigation

2 min

1.13: Delano Furtado - Joint Venture Transaction

2 min

1.14: Bonus Task: Self Reflection and Goals

Module 2: From Traditional Bargaining to Interest Based Negotiation

We focus on how lawyers and anyone can use interest based negotiation to turn traditional, adversarial bargaining and lawyering into a negotiation style that increases the value and satisfaction for both sides. Using examples and tips, you will explore:

How to use a win-win strategy (the Harvard method)
How to create value by focusing on interests rather than positions
How to separate the people from the problems
How to create multiple options for value-added negotiation outcomes
How to use objective criteria for a more effective negotiation

After this module, you will have the opportunity to perform a real-life contract negotiation exercise, negotiating an agreement as outside counsel for a pharmaceutical & a consumer product corporation.

2.1: From Traditional Bargaining to Interest Based Negotiation

3 min

2.2: Interest Based Negotiation

5 min

2.3: The Difference Between Positions & Interests

10 min

2.4: Interest Based Negotiation Scenarios

8 min

2.5: Asking Why

3 min

2.6: Why Positions are Dangerous

5 min

2.7: Bonus Task

2.8: Five Masters Tips for Focusing on Interests

7 min

2.9: Practical Application Example

3 min

2.10: Interest Exercise

5 min

2.11: Separating People from Problems

11 min

2.12: Soft on The People - Hard on The Problem

6 min

2.13: Being Supportive To Get What You Want

7 min

2.14: Four Steps to Separate People from Problems

7 min

2.15: Options Are Everywhere

7 min

2.16: Creating Options

7 min

2.17: Creating Options - Salary Negotiation Example

4 min

2.18: Using Objective Criteria

3 min

2.19: Application Example for Objective Criteria

6 min

2.20: How to do Negotiation Roleplays

2.21: Negotiation Exercise: "Lime Grapes for Life" Intro

1 min

2.22: Download Confidential Instructions for Testle

2.23: Download Confidential Instructions for Ponson & Ponson

2.24: Negotiation Exercise: "Lime Grapes for Life" Debrief

11 min

2.25: Bonus Reflection Paper

2.26: Gary Born - Interests in Arbitration Agreements

1 min

2.27: Charlie LaFond - Growing up as Positional Bargainers

3 min

2.28: Joel Lee - City Council Negotiation

3 min

2.29: Tat Lim - Helping Clients see their Interest

2 min

2.30: Michael Mcllwrath - Interests in Personal Injury

7 min

2.31: Raffael Probst - Separating People from Problems

1 min

2.32: Delano Furtado - Acquisition Negotiation

3 min

2.33: Bonus Task for Delano Furtado - Acquisition Negotiation

2.34: Gary Born - Choice of Law Provision Example

1 min

2.35: Shashi Dholandas - Nomination of Neutrals

1 min

Module 3: Your Negotiation Style

There is no one right way to negotiate. What is the best approach for you depends on your personal style and the style of the other side. Are you a competitor or an avoider? Do you tend to create value or split it in half? We will find out with a negotiation style experiment and cover:

What negotiation style makes the most effective negotiator
How to deal with the dynamics between the various negotiation styles you, your client and your partner bring to the table
How to increase your repertoire of negotiation style to get the maximum out of every situation
How to combine assertiveness and receptiveness in your style and – How that can give you the best negotiation outcomes

You will have an opportunity to practice how to switch between the various styles, determine the style the other side is using and reacting to it, and using the style most effective for your negotiations.

3.1: Your Negotiation Style

3.2: Understanding the 5 Negotiator Types

5 min

3.3: Negotiation Style Dynamics

7 min

3.4: What Makes the Most Effective Negotiation Style?

3.5: Using the Best Traits of each Style to Become the Most Effective Negotiator

13 min

3.6: Negotiation Style Exercise

4 min

3.7: Bonus Reflection Paper - Negotiation Style Exercise

3.8: Rashda Rana - Aggressive Negotiation Styles

1 min

3.9: Nadja Alexander - Adjusting your Negotiation Style

1 min

3.10: Michael Mcllwrath - Wrong Assumptions

2 min

3.11: Charlie LaFond - Authentic Communication

1 min

3.12: Joel Lee - "Are you hanging up on me?"

7 min

Module 4: Claiming Value in Your Negotiations

After you have created value in your negotiation – how do you secure the biggest piece? In this module, you will learn the science behind getting a good deal for yourself including:

What numbers you need to prepare
Whether you should make the first offer
How high you should start
What is the best way to make concessions
Where to set your price goal
What it means to “anchor” the other side
The difference between an optimistic v. an outrageous offer and how to react to it

You can then apply and practice these concepts in a negotiation case study in international investment law, real estate and commodity rights where a Mining Company buys land in an undeveloped area.

4.1: Claiming Value

2 min

4.2: When Should We Talk About Money

7 min

4.3: What Numbers Do You Need to Prepare

9 min

4.4: Should I Make the First Offer?

10 min

4.5: How High Should You Start

11 min

4.6: What If They Start Too High?

5 min

4.7: Concession Strategies

9 min

4.8: Negotiation Exercise: "Investing in Mosia" Intro

1 min

4.9: Download Confidential Instructions for Seller FreshFields

4.10: Download Confidential Instructions for Buyer MinIng

4.11: Negotiation Exercise "Investing in Mosia" Debrief

17 min

4.12: Bonus Reflection Paper

4.13: Charlie LaFond - How to claim Value

2 min

4.14: Michael Mcllwrath - The Power of a First Offer

2 min

4.15: Tom Valenti - Your First Offer

2 min

4.16: Tat Lim - Calculate your Reservation Value

4 min

4.17: Michael Peer - Cultural Aspects of First Offers

3 min

4.18: Tat Lim - Moving Parties towards Integrative Negotiation

1 min

Module 5: Effective Communication

Effective communication is the basis for you to achieve any goals. And it entails much more than just your spoken words – listening, questioning, non-verbal and verbal communication all play together. In this module, you will test how good your listening skills actually are and then learn how to maximize your impact by:

Speaking with a purpose
Asking great questions to lead the conversation
Using your non-verbal communication to support your goal
Following the rules skilled negotiators use when it comes to listening actively and acquiring information

To test and implement your new skills you will negotiate an international arbitration settlement between a government and an investor country after an expropriation under a bilateral investment treaty (BIT). Video recording, debrief and partner feedback will help you to further improve your awareness and skill in your communication, listening and body language.

5.1: Effective Communication

2 min

5.2: Thinking Ahead

2 min

5.3: Effective Verbal Communication and Questioning

7 min

5.4: Asking Questions

19 min

5.5: Non-Verbal Communication

8 min

5.6: Listening

11 min

5.7: Download Listening Self Assessment Sheet

5.8: Listening Exercise

12 min

5.9: Communication Learnings

10 min

5.10: Negotiation Exercise "Alternative Energy in Balinea" Intro

5 min

5.11: Download Confidential Instructions Government of Balinea

5.12: Download Confidential Instructions RENergy

5.13: Negotiation Exercise "Alternative Energy in Balinea" Debrief

19 min

5.14: Bonus Reflection Paper

5.15: Aled Davies - A Bad Case of Miscommunication

3 min

5.16: Michael Mcllwrath - Listening and Strategy

3 min

5.17: Rashda Rana - Walk them through their Concerns

2 min

5.18: Tom Valenti - Saving a Life

3 min

5.19: Najda Alexander - Breaking Impasse is Personal

6 min

5.20: Aled Davies - Communication Break Down

2 min

5.21: Raffael Probst - Active Listening when Stakes are High

1 min

5.22: Rashda Rana - "I just want an apology"

2 min

5.23: Shashi Dholandas - The Best Skill for Commercial Negotiations

1 min

5.24: Aled Davies - Never Assume Anything

1 min

5.25: Joel Lee - What the Chinese Meaning of Listening tells us

2 min

5.26: Charlie LaFond - The best Questions

2 min

5.27: Raffael Probst - First, Make Them Feel Heard

1 min

5.28: Gary Born - Listening Skills in Arbitration

1 min

5.29: Rashda Rana - Adjusting to your Audience

2 min

5.30: Shashi Dholandas - You don't Win by Selling

1 min

5.31: Tat Lim - How to Channel the Conversation

2 min

Module 6: Preparing Like the Pros

80% of your negotiation outcome is determined by your preparation – so we give you the full drill on how to be efficient in preparing and maximize your impact by the time you hit the table. With the help of the Negotiation Academy Prepsheet you will get a firm handle of how to

Analyze your and their interests for 4x more effective negotiations
Set and prioritize your goals
Create multiple options for the best outcome
Device what information you will share and plan to acquire from them
Assess and improve your bargaining power
Plan and structure your key figures

To put into practice the learning of this week you will practice the step by step preparation of one of your negotiation cases with the Negotiation Academy Preparation Sheet. Together, we will debrief how your preparation has been going.

6.1: Download the NA Preparation Sheet

6.2: Your Preparation Process

3 min

6.3: Preparing Interests

8 min

6.4: Preparing Goals

15 min

6.5: Preparing Options

10 min

6.6: Preparing Information

4 min

6.7: Your Bargaining Power

11 min

6.8: Calculating Your BATNA in a Lawsuit

4 min

6.9: The Power Within You

6 min

6.10: Preparing Numbers

3 min

6.11: Preparation Exercise

2 min

6.12: Preparation Exercise - Debrief Balinea Perspective

27 min

6.13: Preparation Exercise - Debrief RENergy Perspective

27 min

6.14: Nadja Alexander - Negotiation Mapping

3 min

6.15: Tom Valenti - The Power of Improving your WATNA

3 min

6.16: Joel Lee - Negotiation Power & BATNA

2 min

6.17: Nadja Alexander - Be comfortable to walk out any time

1 min

6.18: Raffael Probst - Preparing for a Negotiation

1 min

6.19: Martin Hunter - Settlement in Kuwait

2 min

6.20: Rashda Rana - Preparing for a Transactional Negotiation

2 min

6.21: Rashda Rana - Preparing for a DR Negotiation

3 min

6.22: Aled Davies - How Mediators should prepare Parties

1 min

Module 7: Psychology and Strategy

Debunking the myth of the rational human being who makes decisions solely based on prudent analytics, this chapter will give you an overview of which psychological phenomena you need to take into account for your work with clients, other negotiators and, not least, for your own self. You will learn how:

The perception of fairness influences the reaction of your negotiation partner
Your ability to manage the satisfaction of your client or opponent matters more than the actual outcome & how to do it!
Positive or negative framing will induce people to make completely opposite decision & how that can play out with your clients
Cognitive barriers make coming to an agreement in a negotiation more difficult
And, of course, how you can overcome and USE these psychological insights to improve your negotiation success and guard yourself against other people using them on you