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.