What is the best way to approach a legal opponent? Some would say the old “adversarial” attack is the most effective – to come out with fists flying. In other words, YOUR agenda as the TKO. From a psychological standpoint, a little sparring would better serve your purpose.
It is common in many sports to put yourself in the shoes of your opponent so that you can better anticipate their moves. The same is true for legal negotiations. According to Dr. Kenneth J. Manges, PhD, a Forensic Psychology Expert, sometimes it is necessary to, “…Give your perspective a rest and invest yourself in opposing counsel’s position.” In his article entitled, “Psychologically Speaking©: Negotiation 101,” Dr. Manges goes on to say, …”Role playing your opponent will prepare you for their way of thinking, which will in turn get you thinking more clearly about how you have to counter what they have to offer.”
Dr. Kenneth J. Manges is a Vocational and Psychological Expert with over 30 years of experience. He is certified in Forensic Psychology, Emotional Trauma, Wage Loss, Disability, and Crisis Intervention and is recognized as an Expert in Post Traumatic Stress Disorder
I agree with this point – and the ability to step out of one’s own shoes and empathetically into the other persons can offer such a great advantage it astounds me more attention is not placed on this in education across disciplines.
Daylian Cain (Yale SOM) has done a lot of research, together with Max Bazerman (Harvard Biz School), on this topic.
Cain is actually presenting his research in New York soon, definitely one to watch: UnitedInsight Conference