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Key definition
Agreement definition

What does Agreement mean? In competition law practice, an agreement is any form of coordination between undertakings that shows a meeting of minds about market conduct (for example pricing, output, customers or territories). It is not limited to a legally enforceable contract: it includes informal or “gentlemen’s” understandings, oral arrangements, email exchanges and tacit understandings, and extends to decisions of associations of undertakings. Mere parallel conduct is insufficient without evidence of contact or communication. The term is used in legislation and developed by case law: Article 101 TFEU, section 4 of Ireland’s Competition Act 2002, and the UK Chapter I prohibition in the Competition...

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Five-stage negotiation framework for lawyers: planning, discussions, proposals and concessions, agreement and implementation

Practice notes
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The structure of the negotiation

When stepping into any negotiation, from a multi-million pound deal to sorting the office coffee rota, two core elements matter: the process and stages, and the human dimension—feelings and style. This Practice Note addresses the first; for the second, see Practice Note: The human side of negotiation.

A typical negotiation unfolds in five phases:

  • planning—pre-work before talks
  • discussions—scoping what’s on offer
  • proposals and concessions—the core bargaining
  • agreement—settling the terms
  • making it work—implementing the outcome

Although attention often clusters around the middle three, extra effort upfront strengthens confidence and leverage. Remember, the close of talks can mark the beginning of a continuing relationship—the long-term effects may shape which compromises you accept.

Stage 1: planning and preparation

Key things to consider

When planning and preparing for a negotiation there are several key things to consider, and it...

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Beth Pipe
Beth Pipe , FCIPD

Beth is a Fellow of the Chartered Institute of Personnel and Development (FCIPD) and has spent over 25 years specialising in Learning and Development. During that time she has worked across a broad variety of different industries and has, for the past 15 years, worked closely with a number of well known law firms; this has involved putting in to place systems and structures to encourage, enable and track the effectiveness of learning activities. Adept at face to face course delivery, and always enjoying excellent feedback, Beth is also accomplished at online delivery and created OnLive Learning in response to the challenges presented by the 2020 Covid-19 restrictions.Beth has written extensively for LexisNexis on subjects such as Performance Management, Managing Change and Stress Management. Away from her training delivery she is a published author writing about local history, hiking, wildlife and the outdoors and is...

Web page updated on 21/05/2026

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