Jurisdiction(s):
United Kingdom

Negotiation Preparation Checklist, Power Dynamics and Style‑Based Tactics for Legal Practitioners

Precedents
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Key points

  • Scope and inclusions: Be crystal clear about what the negotiation covers and what is excluded; consider whether any exclusions are warranted.
  • Objectives: Define the outcomes you intend to secure from this discussion.
  • Priorities: Separate must-haves from would-like-to-haves and pleasant extras.
  • Counterpart: Identify who you will negotiate with, what you already know, and the gaps to fill.
  • Opening stance: Set your initial position and anticipate where they are likely to begin.

Balance of power

  • Size: Does the scale of either party matter, e.g. can bulk purchases be traded for keener pricing?
  • Current market: Do present market conditions affect you, and might they shift in the near term?
  • Knowledge: What do you understand about the other side, and what typically influences their decisions?
  • Time: Is timing critical for either party, e.g. does your client urgently want their matter concluded?
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Web page updated on 22/05/2026

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