Persuasion in Negotiation and Mediation

Professional Skills

CPD Points 1

Lawyers who are consistently successful in negotiations share one thing in common – the ability to effectively use a range of persuasive techniques.

Lawyers use persuasive techniques every day in negotiations, both consciously and subconsciously, with the aim to achieving favourable and durable settlements on behalf of their clients. 

This course provides lawyers with a framework to consciously identify different persuasive techniques and to provide a foundation for refining and improving their persuasive techniques. 

The course provides a brief overview of persuasion and the basic pattern of negotiations.  It then examines the key characteristics of successful and persuasive lawyer-negotiators. It also includes a detailed discussion of the use of doubt creation as a persuasive technique, identifying how negotiators can draw on different areas (rights, goals and power) to create doubt in an opponent.

The course also discusses the problem of self deception, and how this can often lead lawyer-negotiators to fall into decision traps.  It identifies common decision traps and how negotiators can avoid these.  It also examines how lawyers can utilise procedural awareness to their advantage in the course of negotiations.


Last Reviewed: December 2021

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LawCPD author: John Wade

John Wade

John Wade has extensive professional experience in the areas of mediation, negotiation, family law and legal education.

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What Lawyers Say

  1. 4.0/5
    Fascinating subject.
    Fascinating subject that goes beyond legal training.