Litigation & Appeals

4.39

Mind Games and Psychology in Legal Negotiations

Credits Available
Credit Status Total
Alaska CLE Reciprocity 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
Idaho CLE Approved 3 Total
Illinois CLE Approved 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
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Tennessee 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
Florida Continuing Mediation Education Approved 3.6 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

Buy This Course

Course Includes
$299

OnDemand Video

Course Book Download

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
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
Idaho CLE Approved 3 Total
Illinois CLE Approved 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
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Tennessee 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
Florida Continuing Mediation Education Approved 3.6 Total

Credit Details by Jurisdiction

OnDemand Video

CLE Credits
Alaska CLE Reciprocity · 3 Total Credits

Earn Until

OnDemand - Alaska CLE - 3: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program may qualify for up to 3.0 hours of credit, which includes 3.0 hours of MCLE credit and 0.0 hours of MECLE credit.

Video Download - Alaska CLE - 3: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program may qualify for up to 3.0 hours of credit, which includes 3.0 hours of MCLE credit and 0.0 hours of MECLE credit.

Arizona CLE Approved · 3 Total Credits

Earn Until

OnDemand - Arizona CLE - 3: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 3.0 hours toward your annual CLE Interactive CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility Interactive CLE credit.

Video Download - Arizona CLE - 3: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 3.0 hours toward your annual CLE Interactive CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility Interactive CLE credit.

California CLE Approved · 3 Total Credits

Earn Until

OnDemand - California CLE - 3: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 3.0 hours of participatory credit, of which 0.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Video Download - California CLE - 3: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 3.0 hours of self-study credit, of which 0.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Colorado CLE Approved · 4 Total Credits

Earn Until

OnDemand - Colorado CLE - 4: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program may qualify for up to 4.0 hours of home study general Colorado Continuing Legal Education Credit, including 0.0 professional responsibility credit.

Video Download - Colorado CLE - 4: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program may qualify for up to 4.0 hours of home study general Colorado Continuing Legal Education Credit, including 0.0 professional responsibility credit.

Connecticut CLE Approved · 3 Total Credits

Earn Until

OnDemand - Connecticut CLE - 3: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 3.0 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.

Video Download - Connecticut CLE - 3: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 3.0 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.

Delaware CLE Approved · 3 Total Credits

Earn Until

OnDemand - Delaware CLE - 3: NBI, Inc. is an accredited sponsor of the Delaware Commission on Continuing Legal Education and recommends this program for 3.0 hours of eCLE credit, including 0.0 hour of ethics.

Florida CLE Approved · 3.5 Total Credits

Earn Until

OnDemand - Florida CLE - 3.5: Approved by The Florida Bar, this program may qualify for up to 3.50 general hours of CLER self-study credit including 0.0 hour of self-study professional responsibility (may include legal ethics, professionalism, substance abuse or mental illness and wellness programs).

Video Download - Florida CLE - 3.5: Approved by The Florida Bar, this program may qualify for up to 3.50 general hours of CLER self-study credit including 0.0 hour of self-study professional responsibility (may include legal ethics, professionalism, substance abuse or mental illness and wellness programs).

Georgia CLE Approved · 3 Total Credits

Earn Until

OnDemand - Georgia CLE - 3: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program may qualify for up to 3.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethics.

Video Download - Georgia CLE - 3: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program may qualify for up to 3.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethics.

Hawaii CLE Approved · 3 Total Credits

Earn Until

OnDemand - Hawaii CLE - 3: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 3.0 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.

Video Download - Hawaii CLE - 3: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for up to 3.0 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.

Idaho CLE Approved · 3 Total Credits

Earn Until

OnDemand - Idaho CLE - 3: Approved for 3.0 hours of self-study continuing legal education credit in the state of Idaho, which includes 0.0 self-study legal ethics or professional responsibility credit.

Video Download - Idaho CLE - 3: Approved for 3.0 hours of self-study continuing legal education credit in the state of Idaho, which includes 0.0 self-study legal ethics or professional responsibility credit.

Illinois CLE Approved · 3 Total Credits

Earn Until

OnDemand - Illinois CLE - 3: This program has been approved by the Illinois MCLE Board for 3.0 hours of recorded technology CLE credit, which includes approval for 0.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.

Video Download - Illinois CLE - 3: This program has been approved by the Illinois MCLE Board for 3.0 hours of recorded technology CLE credit, which includes approval for 0.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.

Maine CLE Approved · 3 Total Credits

Earn Until

OnDemand - Maine CLE - 3: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 3.0 hours of self-study CLE credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics or harassment and discrimination credit with self-study.

Video Download - Maine CLE - 3: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 3.0 hours of self-study CLE credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics or harassment and discrimination credit with self-study.

Course Book - Maine CLE - 3: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 3.0 hours of self-study CLE credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics or harassment and discrimination credit with self-study.

Minnesota CLE Approved · 3 Total Credits

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OnDemand - Minnesota CLE - 3: Approved for 3.0 hours of standard on-demand CLE credit, including 0.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Video Download - Minnesota CLE - 3: Approved for 3.0 hours of standard on-demand CLE credit, including 0.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Missouri CLE Approved · 3.6 Total Credits

Earn Until

OnDemand - Missouri CLE - 3.6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 3.60 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

Video Download - Missouri CLE - 3.6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 3.60 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

Course Book - Missouri CLE - 3.6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 3.60 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

Northern Mariana Islands CLE Approved · 3 Total Credits

Earn Until

OnDemand - Northern Mariana Islands CLE - 3: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 3.0 hours of self-study CLE credit.

Video Download - Northern Mariana Islands CLE - 3: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 3.0 hours of self-study CLE credit.

Course Book - Northern Mariana Islands CLE - 3: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 3.0 hours of self-study CLE credit.

Montana CLE Approved · 3 Total Credits

Earn Until

OnDemand - Montana CLE - 3: This program may qualify for up to 3.0 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 0.0 hour of professional fitness and integrity credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.

Video Download - Montana CLE - 3: This program may qualify for up to 3.0 hours of self-study CLE credit by the Montana Commission of Continuing Legal Education, including 0.0 hour of professional fitness and integrity credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.

North Dakota CLE Approved · 3 Total Credits

Earn Until

OnDemand - North Dakota CLE - 3: North Dakota attorneys completing this program may claim up to 3.0 North Dakota self-study CLE credit hours, including 0.0 hour of self-study ethics credit, on the Report of Compliance. No more than 24.0 hours of self-study CLE credit may be earned during a reporting period.

Video Download - North Dakota CLE - 3: North Dakota attorneys completing this program may claim up to 3.0 North Dakota self-study CLE credit hours, including 0.0 hour of self-study ethics credit, on the Report of Compliance. No more than 24.0 hours of self-study CLE credit may be earned during a reporting period.

Nebraska CLE Approved · 3 Total Credits

Earn Until

OnDemand - Nebraska CLE - 3: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 3.0 distance learning CLE credits, including 0.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.

Video Download - Nebraska CLE - 3: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for up to 3.0 distance learning CLE credits, including 0.0 hour of professional responsibility credit. No more than 5.0 hours of distance learning CLE credit may be earned during a reporting period.

New Hampshire CLE Approved · 3 Total Credits

Earn Until

OnDemand - New Hampshire CLE - 3: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

Video Download - New Hampshire CLE - 3: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

New Mexico CLE Approved · 3 Total Credits

Earn Until

OnDemand - New Mexico CLE - 3: This program has been approved by the Board of Bar Commissioners of the State Bar of New Mexico. This program may qualify for up to 3.0 hour of self-study credit, including 0.0 hours of self-study ethics credit.

Video Download - New Mexico CLE - 3: This program has been approved by the Board of Bar Commissioners of the State Bar of New Mexico. This program may qualify for up to 3.0 hour of self-study credit, including 0.0 hours of self-study ethics credit.

Nevada CLE Approved · 3 Total Credits

Earn Until

OnDemand - Nevada CLE - 3: This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 3.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.

Video Download - Nevada CLE - 3: This course has been approved by the Nevada Board of Continuing Legal Education. This program may qualify for up to 3.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.

New York CLE Approved · 3.5 Total Credits
  • 3.5 Skills

Earn Until

OnDemand - New York CLE - 3.5: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 3.50 credit hours. 3.50 hours can be applied to the skills requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Video Download - New York CLE - 3.5: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 3.50 credit hours. 3.50 hours can be applied to the skills requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Oklahoma CLE Approved · 3.5 Total Credits

Earn Until

OnDemand - Oklahoma CLE - 3.5: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 3.50 of On Demand CLE credit hours, which includes 0.0 hour of legal ethics.

Video Download - Oklahoma CLE - 3.5: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 3.50 of On Demand CLE credit hours, which includes 0.0 hour of legal ethics.

Oregon CLE Approved · 3 Total Credits

Earn Until

OnDemand - Oregon CLE - 3: NBI, Inc. is an approved sponsor with the Oregon MCLE. This program qualifies for 3.0 hours of general continuing legal education credit and 0.0 hour of ethics credit.

Video Download - Oregon CLE - 3: NBI, Inc. is an approved sponsor with the Oregon MCLE. This program qualifies for 3.0 hours of general continuing legal education credit and 0.0 hour of ethics credit.

Pennsylvania CLE Approved · 3 Total Credits

Earn Until

OnDemand - Pennsylvania CLE - 3: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 3.0 hours of distance learning credit, including 3.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.

Video Download - Pennsylvania CLE - 3: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 3.0 hours of distance learning credit, including 3.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.

Tennessee CLE Approved · 3 Total Credits

Earn Until

OnDemand - Tennessee CLE - 3: This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 3.0 hours of Distance Learning credit, including 0.0 hour of ethics/professionalism (EP) credit.

Vermont CLE Approved · 3 Total Credits

Earn Until

OnDemand - Vermont CLE - 3: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 3.0 hours of self-study credit, including 0.0 hour of self-study ethics credit. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period.

Video Download - Vermont CLE - 3: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program may qualify for up to 3.0 hours of self-study credit, including 0.0 hour of self-study ethics credit. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period.

Washington CLE Approved · 3 Total Credits

Earn Until

OnDemand - Washington CLE - 3: This program qualifies for 3.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 3.0 hours of Law and Legal Procedure and 0.0 hour of ethics and professional responsibility.

Video Download - Washington CLE - 3: This program qualifies for 3.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 3.0 hours of Law and Legal Procedure and 0.0 hour of ethics and professional responsibility.

Wisconsin CLE Approved · 3.5 Total Credits

Earn Until

OnDemand - Wisconsin CLE - 3.5: Approved for up to 3.50 hours of repeated on-demand CLE credit by the Board of Bar Examiners. No more than 15.0 hours of repeated on-demand CLE credit may be earned during a reporting period. An attorney may not earn ethics and professional responsibility credit with repeated on-demand courses.

Video Download - Wisconsin CLE - 3.5: Approved for up to 3.50 hours of repeated on-demand CLE credit by the Board of Bar Examiners. No more than 15.0 hours of repeated on-demand CLE credit may be earned during a reporting period. An attorney may not earn ethics and professional responsibility credit with repeated on-demand courses.

West Virginia CLE Approved · 3.6 Total Credits

Earn Until

OnDemand - West Virginia CLE - 3.6: This program may qualify for up to 3.60 hours of pre-recorded credit, which includes 0.0 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of pre-recorded CLE credit may be earned during a reporting period.

Video Download - West Virginia CLE - 3.6: This program may qualify for up to 3.60 hours of pre-recorded credit, which includes 0.0 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of pre-recorded CLE credit may be earned during a reporting period.

Other Credits
Florida Continuing Mediation Education Approved · 3.6 Total Credits

Earn Until

OnDemand - Florida Continuing Mediation Education - 3.6: This course is eligible for up to 3.60 CME hours, including 0.0 CME ethics hours. Mediators are required to self report those hours applicable to their areas of certification at the time of their renewal.

Video Download - Florida Continuing Mediation Education - 3.6: This course is eligible for up to 3.60 CME hours, including 0.0 CME ethics hours. Mediators are required to self report those hours applicable to their areas of certification at the time of their renewal.

Course Book (PDF Download)

CLE Credits
Maine CLE Approved · 3 Total Credits

Earn Until

Course Book - Maine CLE - 3: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course may receive up to 3.0 hours of self-study CLE credit. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics or harassment and discrimination credit with self-study.

Missouri CLE Approved · 3.6 Total Credits

Earn Until

Course Book - Missouri CLE - 3.6: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 3.60 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

Northern Mariana Islands CLE Approved · 3 Total Credits

Earn Until

Course Book - Northern Mariana Islands CLE - 3: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 3.0 hours of self-study CLE credit.
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CLE
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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
Taft Stettinius & Hollister 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

Taft Stettinius & Hollister 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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