Course · Interpersonal Skills
Negotiation Analytics
Put honest numbers on a negotiation: your alternative, the benchmarks, the other side’s moves and the trades that make both sides better off.
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Lawyers negotiate all day, and most of the numbers in their negotiations live in their heads: what the case is worth, what the client will accept, what the other side will probably do. Those numbers are often good and rarely written down, checked or compared with what actually happened. Negotiation analytics is the habit of making them explicit. You state your target and your lowest acceptable outcome; value your alternative if there is no deal; check your figures against past results; read the other side’s moves as they come; and work out which trades leave both sides better off. It does not replace judgement, and it does not predict the counterpart. What it does is make the reasoning visible, so that it can be questioned, improved and learned from. This course teaches the method in seven modules and a capstone: the basic quantities and what numbers can and cannot do; how to value an alternative with probabilities, cost, delay and risk; how to build and read a table of past settlements, with its limits; how anchors and first offers work and how to answer them; how to plan concessions and read the pattern of moves; how to find trades in a multi-issue deal; and how to learn from outcomes, with calibration, post-mortems and a careful use of data and AI. It works beside the Negotiation course, which teaches the human side, and uses invented figures in jurisdiction-neutral terms.
The Curriculum
Why put numbers on a negotiation: targets, reservation points and the zone of agreement→
Target, reservation point, BATNA and zone of agreement, the data you already hold, what numbers can and cannot do, ranges and ethics. Practice: Name the Number, Data or Judgement and Spot the Overconfidence.
Valuing your alternative: expected value, cost, delay and risk→
Outcomes and probabilities, expected value, cost and delay, risk haircuts, sensitivity, non-money factors, improving a BATNA and reading the other side’s. Practice: Value the Alternative, Real or Bluff and the BATNA Valuer tool.
Benchmarks and settlement data: what past deals can and cannot tell you→
Building a table of past deals, shares of the claim, medians and quartiles, where an offer sits, small samples, selection bias, comparability and confidentiality. Practice: Read the Table, Reference Point or Forecast and the Settlement Benchmarker tool.
Anchors and first offers: opening with a reason and reading the other side’s→
Anchoring and why first numbers pull, who should open, how far to go, supporting an opening with reasons, ranges versus points, answering the other side’s anchor and reading the opening gap. Practice: Opening Move, Answering an Anchor and Spot the Weak Opening.
Concessions and convergence: reading the pattern of moves→
Planning your moves, shrinking steps as a signal, recording offers, projecting convergence, conditional concessions, retreats, the midpoint trap and deadlines. Practice: Plan the Moves, Read the Pattern and the Concession Tracker tool.
Multi-issue deals and trades: creating value before dividing it→
Fixed pie versus integrative deals, weights and priorities, trading across issues, package offers, scoring packages, efficient deals, asking about priorities and what not to reveal. Practice: Find the Trade, Fixed Pie or Integrative and the Package Trader tool.
Learning from your negotiations: scorecards, calibration and responsible use of data and AI→
Preparation sheets, outcome scorecards, share of the zone captured, post-mortems, hindsight and outcome bias, calibration, building a dataset, and responsible use of AI. Practice: Score the Outcome, Hindsight or Learning and Spot the Risk.
Capstone: Capstone: Halden Foods and Corbel Logistics→
A late and warm delivery, a claim for spoiled goods and a contract coming up for renewal. Value the alternative, benchmark the deal, plan the moves, find the trades and advise honestly.
What It Covers
“You will be able to prepare a negotiation with figures you can defend, read the other side’s moves without over-trusting them, and learn from the result.”
- Seven modules and a capstone that follow a negotiation from preparation to learning: the basic quantities, the value of the alternative, benchmarks, anchors, concessions, trades and the loop of feedback.
- Four working tools with invented data: a BATNA Valuer that turns outcomes, probabilities, cost, delay and risk into a walk-away value with a sensitivity test, a Settlement Benchmarker that shows where an offer sits among past settlements and warns about small samples and selection, a Concession Tracker that reads the pattern of each side’s moves and projects where they might land, and a Package Trader that scores packages for both sides and shows which trades to make.
- Honest about limits throughout: probabilities are judgements, a table of settlements describes only settled cases, a projection is a guess about behaviour, scores for the two sides are not comparable and analytics never licenses misstating facts.
- Jurisdiction-neutral, with a closing module on confidentiality, professional conduct and the careful use of AI tools.
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Or give this as a giftOther Scrolls in This Chamber
Across the Table$15 →Interests, walk-away numbers, offers, trades, pressure tactics and professional limits, with practice rooms and calculators.
Cooling the Room$15 →How conflict escalates, mapping a dispute, de-escalation, hard conversations, choosing a process, mediation, power, culture and ethics, with practice mediations.
The Client Conversation$15 →Trust, the first meeting, fees and scope, updates in plain words, advice and decisions, bad news, boundaries and ethics, with practice meetings.Part of a program
Step 6 of 12 in the Law and Data Practitioner Program
Learn to put honest numbers on legal work: risk, cases, contracts, money, negotiations, deals and regulation, and to show them so that people act. Each course is sold on its own; the whole program is $69 once and unlocks every course in it.
See the whole programModule 1 is free to try. Sign in, pass each module quiz and the course average, and your Certificate of Completion is emailed to you automatically. This course teaches method and technique with invented people and figures; it is general education, not legal advice, and professional rules differ from country to country.
Common questions
- Do I need to be good at maths?
- No. The course uses averages, percentages and simple ratios, explains each in words and lets you work with it in a tool. The aim is to reason clearly about uncertainty, not to build models.
- How is it different from the Negotiation course?
- The Negotiation course teaches the human skills: listening, framing, emotion, persuasion and dealing with difficult people. This course teaches how to put numbers on the same process. They are intended to be used together.
- Will the tools tell me what the other side will do?
- No, and the course says so. The tools organise your own estimates and show what follows from them. A projection of concessions is a guess about behaviour, and a table of settlements is a reference point, not a forecast. They run in your browser without sending anything anywhere.
- Is it only for litigators?
- No. It suits anyone who negotiates: transactional lawyers, in-house counsel, contract managers, mediators and business people. The examples include disputes and deals.
- Is it safe to use AI in preparation?
- The course explains how to use it for low-risk tasks such as drafting questions and practising, with every fact checked, and why you must check the tool’s terms and your duty of confidentiality before entering any client information.
- How do I get the Certificate of Completion?
- Sign in, pass each module quiz and keep a course average of at least 75. The certificate is then issued and emailed to you automatically.
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