Negotiating Style
We have dealt with lots of different types of lawyers and employment advocates, acting for the other side, in employment disputes. We have been able to observe the styles of negotiation that promote or prevent a settlement that is fair for both sides.
Employment law is not like any other type of law and the style required is also different. Many lawyers (and a few advocates) believe that they must act in a mindlessly aggressive manner and not let their client yield an inch (even if their client has a very poor case). This style of negotiating prolongs the case, and increases their client's costs and stress, leaving their client worse off in the long run. Sometimes these unhelpful lawyers take this style to mediation. Such a style is not appropriate for mediation which is supposed to be approached in good faith. Not only does a mindlessly aggressive negotiating style tend to get everyone's backs up (including the mediator's) it also signals that the lawyer doesn't know what they are doing.
We are quite capable of being assertive and firm when required, however, when it comes down to the actual negotiations we find that, in most cases, the most effective style is to be professional and businesslike so that the other side feels that we understand where they are coming from (even if they are completely in the wrong). We do this while maintaining a strong stance to protect our client. This approach builds empathy and promotes the other side's wish to settle fairly and promptly.
If we can settle our client's case at a level similar to what they could expect to receive if the case went on to the Employment Relations Authority, but without the costs and delays of having to take that step, then that means that we have done a good job. Very few of our cases have to go to the ERA in order to get justice for our clients. Please contact us if we can help.
Employment law is not like any other type of law and the style required is also different. Many lawyers (and a few advocates) believe that they must act in a mindlessly aggressive manner and not let their client yield an inch (even if their client has a very poor case). This style of negotiating prolongs the case, and increases their client's costs and stress, leaving their client worse off in the long run. Sometimes these unhelpful lawyers take this style to mediation. Such a style is not appropriate for mediation which is supposed to be approached in good faith. Not only does a mindlessly aggressive negotiating style tend to get everyone's backs up (including the mediator's) it also signals that the lawyer doesn't know what they are doing.
We are quite capable of being assertive and firm when required, however, when it comes down to the actual negotiations we find that, in most cases, the most effective style is to be professional and businesslike so that the other side feels that we understand where they are coming from (even if they are completely in the wrong). We do this while maintaining a strong stance to protect our client. This approach builds empathy and promotes the other side's wish to settle fairly and promptly.
If we can settle our client's case at a level similar to what they could expect to receive if the case went on to the Employment Relations Authority, but without the costs and delays of having to take that step, then that means that we have done a good job. Very few of our cases have to go to the ERA in order to get justice for our clients. Please contact us if we can help.