Negotiation Club holds 2nd Annual Negotiation event with Litwiniuk & Company

Students from UCalgary Law again participated in a negotiation competition and clinic organized by the University of Calgary’s Law Negotiation Club (UCLNC). The annual event provides students with an opportunity to practice their legal negotiation skills by completing a mock negotiation based on a fact scenario, under the guidance and mentorship of Litwiniuk & Company lawyers. The event was held on October 19, 2017, at the Litwiniuk & Company Brittannia Crossing Office, conveniently located by the Elbow River Pathways.

Forty 1L and 2L students paired off and matched wits with their peers in a negotiation between an injured student and an insurance company. Students representing either one party or the other were given 30 minutes to tee up their arguments before engaging in a negotiation to leverage the best deal for their client. The settlements were tabulated, and a discussion of the results and strategies used by the students was led by a panel of Litwiniuk & Company lawyers, including a member of the firm’s leadership team, Fred Litwiniuk. During the subsequent reception the law students were invited to view the impressive library and mingle with the counsel as well as case management staff, accountants, receptionists, and other members of the firm. 

Several Litwiniuk lawyers observed the teams in their negotiating rooms, making the feedback during the panel very specific, personal, and effective. Student feedback was extremely positive and many students expressed that this practice session gave meaning to many of the negotiation principles they’ve heard from books or talk shows.

Main takeaways for students were:

1. Negotiated settlements are predominantly used to settle disputes in personal injury law because they frequently result in more money going to the injured parties, and usually resolve more quickly than litigation.
2. The Calgary legal community is small and collegial and therefore it is important to always conduct yourself with the utmost professionalism. The Litwiniuk lawyers reminded students to resist the urge to mock or deride the opposing team’s offer because you will likely meet again on a different case. 
3. If opposing counsel is extending a reasonable offer, reciprocating that courtesy by engaging in a discussion of what parts of the offer you agree with or accept, and then share the reasons why you are unsatisfied with the other parts.
4. Negotiations are less stressful if you do your homework. Know your client, and know what is important to them!
5. Knowing when to concede a point is just as important as knowing when to stand your ground. 
6. Try to understand what opposing counsel is motivated by, because this will help you understand their strategy. For example, some lawyers are paid on contingency, while others are paid by the billable hour; the first group may want to resolve the dispute as quickly as possible because it will mean their fee is higher per hour spent on the file, while a billable hour lawyer may be more inclined to take longer reaching a resolution.
7. Negotiating is a creative art that every lawyer should continually hone. 

The UCLNC is a student-run club offering classmates and peers the opportunity to flex their practical negotiation skills in a challenging and fun environment. It was established in early 2017 by founding board members Chad Haggerty, Kiara Brown, Michael Henry, Katie Ayer, Joseph Ha, Tori Schmidt, Jesse Vreeken, and Laura McPhee, all current second year law students. First-year student Shannon Peddlesden joined the team this year as the 1L Rep.

Thank you again to all participants who came out and acted as excellent ambassadors for UCalgary Law within the legal community. And a further thank you to Litwiniuk & Company for again gracing us with your time, expertise, and hospitality.

Keep your eyes peeled for more UCLNC events and announcements in the coming months!

For more information on our amazing sponsor, visit: https://www.litwiniuk.com/