CPD Course:
The Arts and Science
of
Negotiation & Mediation

Ms Chih has been practicing law since 1986, with a Master degree in International Law, a Diploma in International Arbitration and a Master Degree in Counselling.

Ms Chih is qualified as a HKMAAL general and family mediator in Hong Kong and is a very seasoned mediator having participated in over 500 mediation cases, covering area of personal injury, insurance, commercial, family, land, probate employment and contractual matters, etc.

Ms Chih has received extensive training experience in mediation locally and overseas, including the training by the Australian Accord Group as early as 2004, the HKIAC 2011, the Master of Negotiation programme by CEDR London 2013, the Negotiation training at the University of Oxford 2014, and the Master Negotiation training at the Harvard Law School 2014 and 2015.

This CPD talk will be a heartfelt sharing of Ms Chih’s experience in negotiation/mediation.  It is suitable for all legal practitioners, mediators, businessmen, executives/administrators who have to engage in business or legal negotiation/mediation to attend.

The talk will capture the gist of insight of many renowned international negotiators, mediation practitioners, academic, writers and speakers, and there will be sharing of various intellectual concepts and techniques taught in overseas Universities concerning mediation and negotiation.

There will also be interactive games and exercises to enhance the understanding of some intellectual concepts to be discussed.  This talk will sure be an eye-opening and inspiring learning experience, empowering each participant with dynamic, pragmatic and creative negotiation/mediation technique, with lots of joy and fun to be shared!

• Preparation
1. Preparation by negotiators/mediator
   - Research on background fact, legal issues and relationship
   - Make preliminary assessment on ZOPA, BATNA
   - Design a negotiation/mediation framework
2. Negotiable internally on whether and how to negotiate/mediate
   - Briefing of colleagues/superior on result of research
   - Discuss ZOPA, BATNA, negotiation/mediation framework
3. Negotiate with the other side or the mediator on which process framework to follow
• Execution
1. Explore factual background, interests of parties, relationship
   - Apply techniques of communication - Attentive listening, respect, acknowledgement, summarizing, re-phrasing, neutralizing, personal sharing, education by analogy, stories... etc.
2. Explore options/solutions - Acceptable, feasible and implementable
3. Drafting settlement agreement
   - Practical things to note (e.g. authorization, confidentiality, feasibility)
• Follow Up
  - Crafting Consent Orders, implementation, maintain relationship, continuation of negotiation/resumption of mediation

• Management of Bias
  - Cultural bias, self-interest bias, confirmatory bias, saliency bias, anchoring bias... etc.
• Management of Emotion
  - How to remain calm, objective, compassionate and passionate?
  - How to break through emotional impasse or overcome emotive moments?
  - Emotional appeal - unconditional regard, appreciation, status, autonomy... etc.
• Management of Tension
  - Creation of value vs. Distributive concept
  - Assertiveness vs. Empathy
  - Principal vs. Agent
• Management of the Game
  - Change the atmosphere
  - Change the persona, venue or timing of negotiation
  - Change the focus of discussion
• Development of Charisma
  - Sincerity, respect, honesty, fairness, integrity, expertise, insight, vision, compassion, good willingness, friendliness, humour...
  - Develop trust, fondness and belief in the negotiator/mediator