The Luck Factor in Negotiation
Kimberlyn Leary and Michael Wheeler, Negotiation Journal
The thesis of Malcolm Gladwell’s best‐selling Outliers is that preeminence in a field is not principally the result of genius. Rather it is the product of cultural heritage, opportunity (often linked to the prior factor), and perhaps most important in Gladwell’s eyes, subject matter mastery that comes from 10,000 hours of hard work. Gladwell cited Bill Gates as Exhibit A for that proposition. When Gates was in his teens, his private school offered training in computer coding....

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5 Things To Watch In Litigation Finance This Year
Ralph Sutton, Validity
It was another fascinating year for litigation finance in the United States. Overall, 2019 saw continued growth, with clients and law firms being the obvious beneficiaries. More commercial claims were funded than ever due to the now dozens of funders now operating across the country. AmLaw 200 firms are regularly seeking to share risk with funders on a wide variety of matters, not just to finance single cases but for litigation portfolios and even business operations. Smaller firms and corporate law...

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The Art of Negotiation Exercise Design: Five Basic Principles to Produce Powerful Learning Experiences
Arvid Bell and Taylor Valley, Negotiation Journal
Negotiation exercise design is a skill that, such as negotiation itself, is rooted in certain core principles and can be refined with practice. How writers approach the design process is the key to producing effective exercises and powerful learning experiences. This article addresses five core principles that can be used to curate both simple and moderately complex negotiation exercises, including games, role plays, and simulations. These core principles are (1) define the purpose, (2) determine...

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