Litigation & Appeals

4.29

Mind Games and Psychology in Legal Negotiations

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Louisiana CLE Upon Request 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Florida Continuing Mediation Education Approved 3.6 Total
Kansas Continuing Mediation Education Approved 3.5 Total
Tennessee Continuing Mediation Education Approved 3 Total
OnDemand
2 hours 58 minutes
Kevin Madden
Jena Emory
With Kevin M. Madden from Law Offices of Kevin Michael Madden, P.L.L.C. + 1 other
Recorded May 29, 2025
Product ID 100313

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Overview

Master Biases, Deadlocks, and Power Plays

Imagine that you've just wrapped up a tense negotiation, but as you walk away your client comments that they think you could have gotten a better deal. Perhaps you were swayed by an initial offer that seemed generous, only to realize later that you were anchored to an unrealistic starting point. Or maybe you felt like the opposing party used clever tactics to manipulate you into conceding more than you should have.


Don't let this scenario become reality! This intensive program will show you how to recognize, counteract, and use cognitive biases and negotiation tricks to your advantage. Get the insights and strategies you need to leave the negotiating table feeling confident that you've achieved the best possible outcome for your clients. Register today!

  • Avoid falling into the traps of anchoring, confirmation bias, and other cognitive biases.
  • Frame offers so they feel like a win-win, even when you're coming out ahead.
  • Find effective ways to bring stalled negotiations back on track.
  • Reveal creative negotiation tactics and mind games that can shift the balance of power in your favor.

Abbreviated Agenda

  1. Using and Counteracting Cognitive Biases in Legal Negotiations
  2. In the Bargaining Zone
  3. Moving Negotiations Forward: Bridging Gaps and Breaking Past Impasse
  4. Negotiation Mind Games and Strategic Tricks

Related Topics

Product ID 100313

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Louisiana CLE Upon Request 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Florida Continuing Mediation Education Approved 3.6 Total
Kansas Continuing Mediation Education Approved 3.5 Total
Tennessee Continuing Mediation Education Approved 3 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. Using and Counteracting Cognitive Biases in Legal Negotiations

    1. Anchoring and Confirmation Bias
    2. Overconfidence vs. Loss Aversion
    3. Endowment Effect

  2. In the Bargaining Zone

    1. Mapping Your BATNA, ZOPA, and Reservation Points
    2. Framing Offers and Counteroffers to Maximize Perceived Value
    3. The Art of Bargaining
    4. Balancing Empathy With Assertiveness

  3. Moving Negotiations Forward: Bridging Gaps and Breaking Past Impasse

    1. Getting the Ball Rolling Without Appearing Desperate to Settle
    2. Effective Strategies for Pushing Past Deadlock and Creating a Bargaining Zone
    3. Leveraging and Overcoming Power Dynamics

  4. Negotiation Mind Games and Strategic Tricks

    1. Bluffing, Puffery, and Playing on Emotions
    2. Calculated Concessions
    3. False Signals: Feigning Weakness or Pretending to be Unyielding
    4. Time and Pressure Manipulation: Deadlines, Delays, and Silence
    5. Bounded Rationality / Offering Limited Options
    6. When Manipulative Tactics Backfire (and How to Recover Gracefully)

Who Should Attend

This program is designed for attorneys who wish to take their negotiation skills to the next level.

Speakers

Kevin M Madden
Kevin M.
Madden
Law Offices of Kevin Michael Madden, P.L.L.C.
Jena G Emory
Jena G.
Emory
Morris, Manning & Martin, LLP
Speaker bio
Kevin M Madden

Kevin M. Madden

Law Offices of Kevin Michael Madden, P.L.L.C.
Kevin Madden

is the founding member of the Law Offices of Kevin Michael Madden, P.L.L.C., where he practices in the areas of civil trial practice, commercial litigation, business litigation, construction law and employment law. He is admitted to practice in Texas and before the U.S. District Court, Southern and Eastern districts of Texas. Mr. Madden was the articles editor for the Houston Journal of International Law. He was the judicial intern to the Honorable David Hittner, U.S. District Court for the Southern District of Texas; and a law clerk to the Honorable Joseph James "Tad" Halbach, Jr., 333rd District Court, Harris County, Texas. Mr. Madden is a member of the Houston Bar Association, State Bar of Texas, Texas Young Lawyers Association, Texas Trial Lawyers Association, Association of Trial Lawyers of America and Trial Lawyers for Public Justice. He earned his B.A. degree from the University of Colorado at Boulder, his B.S. degree from the University of Houston and his J.D. degree from the University of Houston Law Center.

View full profile
Speaker bio
Jena G Emory

Jena G. Emory

Morris, Manning & Martin, LLP
Jena Emory

is a senior associate in the firm's Commercial, Class Action and Production Liability Litigation practices. Her practice primarily focuses on insurance coverage defense. Ms. Emory has tried cases solo in Superior Court and Magistrate Court. She is an active member of the Young Lawyers Division of the State Bar of Georgia. Ms. Emory is currently an officer as co-editor of The YLD Review. She is a graduate of the 2020 YLD Leadership Academy and has written numerous articles for The YLD Review. Ms. Emory received the 2021-2022 YLD Achievement Award for Service to the Public, 2020-2021 YLD Achievement Award for Service to the Public, and the 2019-2020 YLD Achievement Award for Service to the Profession. She is also on the Editorial Board for the Georgia Bar Journal. In addition, Ms. Emory is on the Selection Committee for the Justice Robert Benham Awards for the Chief Justice's Commission on Professionalism. She graduated magna cum laude from the University of South Carolina, with a double major in economics and global supply chain and operations management with a minor in music. Ms. Emory earned her J.D. degree from the University of Georgia School of Law, where she was the submissions editor of the Georgia Journal of International and Comparative Law, as well as an author of numerous publications. After graduating from law school, she was a fellow for Judge William ("Billy") Ray, II at the Georgia Court of Appeals.

View full profile

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