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Adaptive Negotiation Skills Workshop 

with Lee Jay Berman




Most people negotiate in a way that is consistent with their personality.  This fact bears out repeatedly in tests conducted by us over the past 20 years.  People who think of themselves as nice people approach negotiation in a collaborative way that makes everyone happy, and they often give away too much value.  People who think of themselves as competitive people negotiate in a way where they can feel as though they have won, and relationships suffer because nobody ever wants to do another deal with them, or they fail to reach a deal at all.  These approaches can also become predictable, making them vulnerable to exploitation.

When we have surveyed people, they tell us that they spend somewhere between 50-80% of their time negotiating, whether externally with clients, or managing internal matters with management or staff.  They also tell us that most have had, on average, fewer than 4 hours of negotiation skills training.  Ever.

There is a science and a strategy to negotiation, whether negotiating deals, or settling cases.  This workshop will cover both distributive bargaining, for the competitive side of the negotiation (used to claim value effectively) and integrative bargaining, sometimes called interest-based negotiation (used to collaborate and build relationships).  It is our belief that skilled negotiators must understand both methods of negotiation and practice before they can begin to develop the nuanced styles that allow them to blend these behaviors for maximum outcome.

Adaptive Negotiation is an approach for successful negotiations that comes from studying the theory and practice of both schools of negotiation, learning to understand the techniques and the tactics being used by others so as to adapt one’s negotiation style in a very mindful and strategic way.  This will lead to a more advantageous results and will build a stronger and more sustainable relationship with the client, vendor, external partner, colleague or supervisor with whom one is negotiating.

The Adaptive Negotiation Skills Workshop is a lively, interactive 1-day program that studies negotiation theory and practice, game theory and negotiation ethics, and uses role-play simulations, case studies and high-energy, interactive lecture for maximum skill development.  After experiencing the practical tools we share during this highly energetic program, seasoned business people will acknowledge having used tools like these, but never having completely understood the strategy behind them, and they will negotiate very differently going forward, crafting transactions in more creative, more responsive and more adaptive ways.

Participants will leave with a strong understanding of the different negotiation styles, having practiced employing each, and then having practiced the combination of the two.   This will allow them to recognize and counter any move or tactic employed by the other person with greatly increased self-confidence as they approach their next real life negotiations.  As an added advantage, participants will leave with a common language for the strategies being employed during a negotiation, which facilitates their communicating with each other about situations and strategies.

Chapters Include:

  • Competitive Negotiations
  • Distributive Bargaining
  • Avoiding Exploitation
  • Simulation: "You've Got Mail"
  • Beyond Avoiding Exploitation
  • Opening Offers
  • Collaborative Negotiations
  • Integrative Bargaining
  • Positions v. Interests
  • Negotiation Styles
  • Defining Success

Learning Objectives: At the conclusion of this program, participants will leave with a strong understanding of the different negotiation styles, have increased self-confidence in relation to real life negotiations, and a common language for the strategies being employed during a negotiation.

About Your Trainer:

Mr. Berman began as a full-time mediator 29 years ago, and has successfully mediated over 2,700 matters, many of which were high profile cases.  In conducting those mediations, he has facilitated negotiations between some of the very best in the business, and some of the very worst.  Aside from learning from workshops and books, Mr. Berman learned from watching over 7,000 attorneys negotiate on behalf of their clients.  He has coached many, many attorneys and executives in all forms of business negotiations, and realized that with good negotiation skills, and better communication, most of these disputes would not have needed to retain his services as a professional mediator.  Mr. Berman believes that if business people and attorneys on the front lines possessed the most basic negotiation skills, they would see the results in better deals, better working environments, and better relationships. 

His credentials:  Chambers USA has ranked him among the very top commercial mediators in the U.S. from 2018-2023, recently naming him to their “Band 1” as one of the top 13 mediators in the U.S.  He has been voted by his colleagues into the Who’s Who of International Commercial Mediation from 2012-2023, and was recently named one of the 10 Global Thought Leaders in North America.  ADR Times also recently named him to their inaugural “Who’s Who in ADR” (Alternative Dispute Resolution).  The National Academy of Distinguished Neutrals (NADN) named him their inaugural “Distinguished Neutral of the Year” in 2017.  California’s Daily Journal twice named him “Top Neutral”.  And, the Southern California Mediation Association has honored him with both their Cloke-Millen Peacemaker of the Year (2021) and L. Randolph Lowry Award (2010) for his work as a mediator, trainer, and thought leader in the field. 

He is on the American Arbitration Association’s elite Master Mediator panel for employment matters, a national panelist on their commercial and construction panels, and a select mediator on their International Center for Dispute Resolution mediation panel.  He is a Distinguished Fellow with the International Academy of Mediators, a Charter Diplomat with NADN, and certified by the International Mediation Institute (one of the first 5 mediators in the U.S.). 

Also a popular trainer, Mr. Berman founded the American Institute of Mediation after seven years as Director of Pepperdine Law School's "Mediating the Litigated Case" program (ranked #1 nationally). He has trained mediators, judges, attorneys, and business leaders across the U.S., Canada, Mexico, and Europe, as well as in Croatia, Dubai, Jordan, India, Uzbekistan, Australia, and New Zealand, and has consulted with court systems across the U.S., and in India. 

Lee Jay has been interviewed on dozens of podcasts, published numerous articles on mediation and negotiation, and the American Bar Association will be publishing two of his books in 2023 and 2024. 


What people have said about this course:

“Such a strong program that every lawyer or other disciplined professional mediator must take this course to go to the next level of his or her craft.”

- Richard Millen

*   *   *   *   *

“Excellent, entertaining & informative”

- George Martin, Borton Petrini, Bakersfield, CA

*   *   *   *   *

“A very useful and in-depth set of tools. Highly recommended.”

–Ed Matisoff

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“Fantastic experience with concrete tools I can use right away.”

–Tom Hutchinson

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“A very valuable experience.”

– Matthew D. Kanin, Attorney at Law, Los Angeles, CA

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Purchase the Online 8-Hour Negotiation Course here:

Please note that all store orders are manually processed during regular working hours.  Please allow up to 72 hours to receive your access code that will permit you to access your downloads. An email will be sent to the email address you use in the above purchase with a link and access code.

This course has been submitted to the State Bar of California for 7.25 hours of California MCLE Credit. Approval is pending as of this date.

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