Testing Theories of Investor Behavior Using Neural Data http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1892338            Local Government Use of Mediation for Resolution of Public Disputes http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1929091            Feeling Right or Being Right: When Strong Assessment Yields Strong Correction http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1860243            Probable Cause, Probability, and Hindsight http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1877125            Role of Status in Strategic Choices and Outcomes in Negotiations http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1611817           

Negotiation is an art informed by science. Legal remedies mark off potential outcomes. Economic game theory moves us from possibilities to probabilities.  Buying a lottery ticket makes a win possible. Calculating the odds of actually winning forces us to assess probabilities.  It will never be an algorithmic exercise due to the complexities of the human mind. But brain science helps us roll known cognitive errors into our analysis. These tools help negotiators and mediators improve the likelihood of a successful outcome.

Don Philbin is an AV-rated attorney-mediator, negotiation consultant and trainer, and arbitrator based in San Antonio, Texas.

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