Issue 5 - July 2022

I am lucky to have started the new financial year with a two week holiday.?After a week with the family in (not so) sunny Queensland and a week with an old friend celebrating milestone birthdays by hiking in the Daintree, I returned to Melbourne fit and raring to go.??

Unfortunately, illness found me on my return home so July has been a pretty quite month on the work front.?However, there is a silver lining to every cloud and I managed to avoid cancelling on a presentation I was due to deliver.?Rather than cancelling, I recorded a quick audio commentary to the presentation and sent off a video of the slides and commentary to be shown to the audience.?Along with this went handouts and instructions on how to facilitate a discussion around the examples.?While it wasn't the same as being there, the client was happy to proceed with the event.

" The consensus?was that there were important and useful take-home messages?from the CPD part of the evening. It was a great success, though it would have been even better had you been well enough to present in person and conduct the discussions. "

Here's to a happy and healthy August!

Best wishes

Nicole

Award nominations

I am thrilled to have been nominated in the category of Mediator/Arbitrator of the Year in the Australian Law Awards.?I find myself among some prestigious company. Congratulations to my co-finalists:?Alan Wein AM,?Alison Haly and?Fraser Murray.

If you are going to be attending the awards ceremony I'd love to catch up on the night.

???

Recent publications

ARITA Journal - Volume 34 #02 - New?ways to resolve insolvency disputes

In this article, I look at some of the challenges of litigation as a way for insolvency practitioners to resolve disputes - including the impact on creditor returns of the delays and costs of court proceedings.?I propose an alternative method as a starting point for discussion to see how outcomes can be improved across the industry.

Is honesty essential in a negotiation?

This article considers the risks and benefits of bluffing in a negotiation.?Most of us have done it but should we?

Do you know when to stop negotiating?

In this article I consider whether failure to reach an agreement in a negotiation means the negotiation has been unsuccessul.?I also consider the benefits of a dash of pessimism in your negotiations.

If you were to read one book on negotiation ...

Getting to Yes is my number one recommendation if you want to read a single book to get you started in your negotiation journey.?In this article, I summarise the key principles set out in the book for those that don't have the time to read the whole thing.

August availability

Availability for the second half of August is still good with some dates in the early part of the month still available.?You can always check my availability online.?If the dates you want are not showing up as available, please check with me as there may be things that can be moved to accommodate your needs.

I will be in Sydney on 17 and 18 August and would love to catch up with any of my Sydney network who are interested in a coffee and a chat about all things negotiation, conflict and ADR.??

Upcoming Training

Bookings are now open for the following public workshops.?Follow the links below to the booking page where you will find further information about the sessions.

• 23 August 2022 - Negotiation Power Lunch
• 2 September 2022 - Negotiation Essentials
• 9 September 2022 - Negotiation Masterclass
• 16 September 2022 - Challenging Conversations
• 21 September 2022 - Negotiation Power Lunch

Negotiation Tip of the Month

One of the biggest challenges in trying to influence others is that we only want them to changes their minds - we don't want to have to change our own minds.

The problem with this is that the more we push our own position, the more the other person is likely to push back.?As the saying goes - for each and every action, there is an equal and opposite reaction.

In order to avoid this pushback, you need to have your counterpart believe that your mind is also capable of being changed.?I encourage a mindset of curiosity.??

Approach the conversation with the expectation that there is at least a 0.05% chance that you may be wrong and you may just find that creates the safety for them to hear you out.