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Nicole Davidson
Australian commercial mediator, negotiation trainer, and accredited coach with 25+ years of legal and commercial experience including banking and insolvency.
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Jun 16, 2026
Mediation and Negotiation: Why Facts and Law Aren’t Enough to Settle with Nicole Davidson
10:14
Do you think that in terms of lawyers, and you have been one, that there's an increasing understanding of the need for negotiation training? Are you met with any resistance or do you find lawyers are more open to training in that space?
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10:32Nicole DavidsonGUEST
I think the first thing I'll say is when I was a lawyer, I was never a disputes lawyer.
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10:39Nicole DavidsonGUEST
But I think what's really interesting is I think among junior lawyers, there is an appetite for this sort of training.
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10:50Nicole DavidsonGUEST
I spent a number of years working at the College of Law as an adjunct lecturer there and teaching negotiation, and people loved it.
5 MINS LATER
16:12
I know it's, sorry to put you on the spot here in a 40-minute podcast, but give us some highlights, if that's all right, of the structure.
Why Avoiding Conflict Costs You More
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66:05Kwame ChristianHOST
And so if we're going to really take it to the next level when it comes to our negotiation skills, we have to be able to be persuasive and speak to the conscious and the subconscious.
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66:15Nicole DavidsonGUEST
I think what that raises for me is there's two levels at which we're playing there as well, because at one level we've got, you know, thinking about the rational decision.
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66:24Nicole DavidsonGUEST
You know, here's all the, the concrete reasons why this should be an acceptable outcome.
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66:30Nicole DavidsonGUEST
But then we've got the, the sort of more emotional, um, that needs to be dealt with.
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66:35Nicole DavidsonGUEST
And, you know, I could, I could probably be quite rich if I got paid every time a lawyer said to me, "Let's just focus on the facts here.
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66:43Nicole DavidsonGUEST
Let's not worry about emotion." But I think the other thing that plays in is the sort of cognitive biases that come in.
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66:50Nicole DavidsonGUEST
So even if we're just dealing in fact, because we are looking at things from one side of a picture, we are picking up the facts that-Help us.
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68:54Kwame ChristianHOST
... impartial by being aware of our biases and actively working against it as we mediate these disputes.
