Many a man had taken the first step. With every additional step you enhance immensely the value of your first.
Ralph Waldo Emerson
So now it is time to take the third step in preparing for negotiations. You have identified the issues, positions and interests of your situation in the first step. You have brainstormed possible options to resolve the situation in the second step. Now you must roll up your sleeves and dig into some research for this third step. In my experience this is when many people become overwhelmed and try to move right into the negotiations. This is a mistake, because the information that you gather in the research step will allow you to properly evaluate your options and develop your strategy for negotiations. In today’s technology age almost anything can be researched fairly simply online. We will look at some of the simple ways to find answers and evaluate options through some basic research, most of which is free and or inexpensive.
In our example in article two we considered a family looking for solutions if Mom is having trouble with driving. Below is a chart of some of the research tools that can be used to evaluate each of the options that we identified:
| Options to Consider / Google terms | Research tools to find answers |
| Hire a driver | Google taxi services in your area
Google “drivers for seniors” for local free or low cost services |
| Find ways to make driving safer for senior | www.aarp.org
www.safeandmobileseniors.org |
| We can drive for her | www.ourfamilywizard.com provides calendars to keep track of family activities such as doctor appointments and plan who will drive |
| She can take the bus | Google local bus routes |
| She can travel with friends | Talk to her companions and friends to see if other’s can drive. This step in the research may have to wait until after you have spoken to Mom if you do not know her companions well. |
| We can have other’s bring things she needs to her | www.mowaa.org
google in-home companions or elder companions |
| She could move to a community with more local services or transportation | Google independent living in your area |
If you are facing a negotiation over an offer for a new job, you would want to research similar jobs to the one you have applied for. You want to determine what the average salary is in your area. You may do this by researching market surveys online or by speaking to friends or mentors in the area of the employment you are considering. You want to look for ranges of starting salaries as well as other benefits that you have determined are important on your options list.
If you are involved in negotiations to resolve a legal case such as a divorce the research may become more complex. You have three general areas to research before you enter into negotiations. These are (1) the basic facts of your case such as the value of your assets and school calendars to develop parenting plans (2) the law as it applies to your case and (3) the costs involved in litigation if the case does not settle. The first area is conducted the same way as the research outlined above. You use the internet to research each option you have developed.
In some cases the information that you need to assess possible solutions may not be in your control but may be in the control of the other party to the litigation. This is when attorneys use one of the most powerful tools in their tool box to obtain the information needed. This type of research is called “discovery”. We can do this research through depositions (asking the other side and witnesses questions while they are under oath and in front of a court reporter), interrogatories (similar to depositions but asking the other side or witnesses questions in writing and asking them to sign the answers under oath) and “requests to produce” (asking the other side to produce documents that they may have in their control). We may also engage experts such as appraisers, accountants, vocational experts, mental health experts and medical experts to pull together the information and to evaluate our case to have a better understanding of the facts for settlement or trial. If you are involved in a legal dispute, you have to decide if you have enough information about your case and the other side’s case to complete the mediation before the discovery is completed. Many times it is possible to know enough to evaluate your options without all of these formal discovery methods, although this discovery may critical to presenting your case at trial.
Another area that you must be prepared for in the case of legal disputes is an understanding of how the law will be applied to the facts of your case. Attorneys are specially trained in conducting legal research and evaluating the likelihood of success in specific cases. It is always advantageous to be familiar with the law as it applies to your case, in order to know what your “best day” and “worst day” in court could be. This gives you structure and parameters to your negotiations that would not otherwise be present. It is important to remember that an understanding of the law does not necessarily confine you to the remedies that are provided for by the law. There have been countless times that I have represented clients who wanted a specific outcome in a case and I had to tell them that their preferred “option” to resolve the case was not possible under the law. For instance the parents may agree that paying for college education for their child is important even though the law in Florida only requires support of children through eighteen years of age. While the Judge could not order this solution the parties may, through negotiations agree to include this in their settlement agreement.
Finally, you should evaluate the costs associated with selecting different options. In order to evaluate how efficient an option is in meeting your needs you must be able to examine the costs associated with the option. In the case of a legal dispute such as divorce you should consider how much the trial is going to cost you if you do not settle. You must have a frank and honest discussion with your attorney to determine the costs of litigation. While attorneys can rarely give a guarantee about the costs as these are often determined by the facts of each situation and the actions of the other party, they can estimate how much is necessary for specific activities such as a full day deposition or the retainer for an expert. As indicated above, the costs of formal discovery can be quite high. While you may be able to mediate a resolution after conducting your own research on the options you have developed, your attorney will be able to explain how the rules of evidence may require more costly discovery to actually prove your case in trail.
In addition you should consider the costs of alternatives to settlement in terms of time missed from work to attend hearings, depositions, and trial. Another “cost” that is often overlooked in legal disputes is the anxiety of remaining uncertain about the outcome and living in the adversarial morass of litigation. While you may not be able to put a dollar figure on it, there is certainly an emotional and psychological benefit to reaching a resolution and being able to move on. This benefit may have a higher value than any of the costs associated with agreeing to certain terms of settlement.
As you can see, the research step in negotiation preparation requires time and a commitment. The more thorough a party is in conducting the research the more prepared they are when entering into their negotiations. I have too often seen mediations be delayed because the parties could not agree upon the value of an asset or the feasibility of a rehabilitation plan for a party. The time spent on this step can expand possible options, organize strategies for resolution and save time in the actual negotiations phase. Knowledge is power. By doing your homework you are in a more powerful position as you enter the next step of negotiations.
For more tools for research in specific areas please visit my website, www.odayresolutions.com.