Top ten negotiation and litigation strategies that

2022-07-23
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Top ten negotiation and litigation strategies that managers must know

in the past, disputes were usually resolved on the battlefield. In those days, when leaders took the first steps in war, they usually made careful plans and strategies. After all, their necks, wealth, and even the fate of the entire kingdom are related to it

today, in what I like to call the civilized world, disputes are usually settled in court. Of course, this is a kind of progress. However, it is surprising that the strategies and tactics in today's commercial disputes are highly similar to those used in previous wars

on the other hand, the biggest change is that today's leaders will lead their "army" into "battle" without preparation, which is really surprising. Frankly speaking, the innocence and equipment of most executives and business leaders are shocking, whether they are engaged in or end a modern legal battle

fortunately, my career has been full of complex negotiations and legal struggles, with competitors including Intel, Microsoft, Texas Instruments, IBM, Samsung, Toshiba and other major technology giants. As a result, I got some advice on law and negotiation, which every manager should know. They are very valuable to you

1. Legal strategies and plans should be prepared before negotiations, rather than after negotiations fail. From the beginning of the talks, the struggle has already begun. Before you go into it, you need to be clear about your goal and how much risk you are willing to take to achieve it

2. If you don't have armor, don't start a war. Lawyers are expensive, and litigation is not cheap. If you don't have the resources we call armor - the resources to carry the battle to the end - the other party will also understand these situations, and your situation will be exposed and minimized

3. This is an interesting way to extend the tenure of the management team that decided to start a legal war. This is usually true, especially for protracted wars. It is important for board members, investors and employees to understand this because executives rarely consider their tenure

4. Once you stand before the jury and the judge, anything can happen. Not that all logic and common sense are flying out of the window, but this situation is possible. Judges and juries are people, and people by definition are unpredictable. Even the brightest CEO will forget this to some extent. Welcome to inquire about business

5 Long lawsuits are often more risky and terrifying than losing them. For the lawsuit of intellectual property protection, large companies usually adopt the tactic of delaying until the business of small companies disintegrates or the patent protection expires. This tactic often works

6. Fully analyze your weaknesses before you pull the trigger. In Qualcomm's lawsuit against bro but higher priced adcom, Qualcomm first sued, but Broadcom was able to successfully counterclaim because Q, such as ualcomm, had the problem of patent infringement

7. Don't push yourself into a corner. Corporate litigation almost always evolves from negotiation. You don't want to threaten the other party, or clumsily force the other party to leave the negotiation table, because this means that you only leave yourself with the only choice

8. Even before negotiations begin, planning and strategy are your responsibility, not the lawyer's. If it is your company, it is your responsibility. Of course, you can ask a lawyer for professional advice, but ultimately the most important decisions - such as rejecting the temptation to negotiate and going to court - are your responsibility

9. Always pay attention to raising your opponent's risk, at least relative to your own risk. This is the simplest and most important experience I have learned from the 2014 City financial key work promotion conference held in Tianjin auditorium; The importance of this experience in business negotiations and litigation cannot be overemphasized

10. If people had an ounce of common sense, lawyers would starve to death. Len tillem, a lawyer and a radio talk show host in the Gulf region, always said this, and it was right. If people would think twice before acting, and consider the possible risks and costs of good behavior before acting, then they would not be so easy to fall into a lawsuit. (end)

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