Here is a win win negotiation case study using mind mapping, a negotiation skills you should consider adding to your negotiation and conflict management strategies.
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In a meeting with the brothers, O’Dell created a mind map with the family business located at its center. Working together, the three men added branches to the map (working on a computer with a large monitor) that included the business’ interests, assets, and liabilities. A branch about commercial real-estate holdings,...
The Litigation Section of the State Bar of Texas recently published Don Philbin’s article entitled “Checkmate: Early Moves Define Negotiation Outcomes” in its newsletter. In his article, the Chair of the Texas Bar’s ADR Section discusses the insight predictive analytics can provide to negotiators. According to Mr. Philbin, negotiations typically follow predictable social conventions and, much like chess, the first few moves are likely to set the board. In addition, advanced analytics suggest:
Anchoring...
Workers suing their former companies for wrongful termination and discrimination are increasingly adding defamation claims to their lawsuits.
The defamation claim often alleges that companies gave false reasons for firing a worker, the Recorder (sub. req.) reports.
One lawyer seeing more defamation claims in worker suits is Reed Smith partner L. Julius Turman, who told the Recorder that 60 to 70 percent of his wrongful termination and harassment cases include defamation claims, “whether or not they’re...
Mediation is a collaborative process that allows parties to reach a resolution in a way that is far more flexible than through a court proceeding. The parties’ ability in a mediation to determine the resolution of their dispute is a unique possibility in any area of the law.
Winning in a mediation is about securing, to the extent possible, the interests that are most important to all the participants. Scott Brown,“Seeing the Light: From Litigation to Mediation,” ABI J., June 2013. The mediator-advocate’s...
A federal district court has confirmed a $14 million arbitration award entered in favor of Amerisure against its reinsurer Everest. As we earlier reported, the court had previously denied the motion to seal briefing associated with Amerisure’s motion to confirm the award. Now at issue was the confirmation, modification, or vacatur of the award, which directed Everest to indemnify Amerisure for its share of asbestos losses that fell within the parties’ reinsurance treaties. Everest moved to vacate...
How to stop people carrying out unethical behaviours.
People who anticipate temptation are less likely to do bad things, a new study finds.
The research also found that when people thought unethical behaviour reflected poorly on them, they also resisted.
Dr Oliver Sheldon, one of the study’s authors, said:
“People often think that bad people do bad things and good people do good things, and that unethical behavior just comes down to character.
But most people behave dishonestly sometimes,...
Now UCLA research has found that in quieter moments, the brain is preparing to be social.
Professor Matthew Lieberman, who led the study, said:
“The brain has a major system that seems predisposed to get us ready to be social in our spare moments.
The social nature of our brains is biologically based.”
The study had people performing some judgements while looking at pictures.
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