Negotiation
Why Do We Respond to a Concession with Another Concession? Reciprocity and Compromise
January 31, 2017
All negotiation processes involve an exchange of concessions, and compromise is an agreement based on mutual concessions. Hence the questions investigated in this article: Why are concessions in negotiations always reciprocal? Why do negotiators follow this rule? And why do negotiators achieve these concessions through a process that we call compromise? Is there a connection between conceding and promising? In this article, I examine the structure of concession making and compromise through sociological,...
January 31, 2017
All negotiation processes involve an exchange of concessions, and compromise is an agreement based on mutual concessions. Hence the questions investigated in this article: Why are concessions in negotiations always reciprocal? Why do negotiators follow this rule? And why do negotiators achieve these concessions through a process that we call compromise? Is there a connection between conceding and promising? In this article, I examine the structure of concession making and compromise through sociological,...
The Past and Future Challenges of Negotiation Theory
January 30, 2017
As part of a symposium looking back on thirty years in the field of dispute resolution, this essay examines the past and future challenges of negotiation theory. The last thirty years in particular provide an important lens on the explosion of dispute resolution and negotiation in law and business school curricula. Furthermore, this analysis will help situate us for the challenges of the next thirty years. If negotiation is to continue to expand its reach, becoming both more useful and insightful,...
January 30, 2017
As part of a symposium looking back on thirty years in the field of dispute resolution, this essay examines the past and future challenges of negotiation theory. The last thirty years in particular provide an important lens on the explosion of dispute resolution and negotiation in law and business school curricula. Furthermore, this analysis will help situate us for the challenges of the next thirty years. If negotiation is to continue to expand its reach, becoming both more useful and insightful,...
Gearing for Battle: Ancient Warrior Wisdom for Negotiation
January 26, 2017
This article examines the art of negotiation through the lens of three ancient texts from diverse cultures: the Bhagavad Gita from Hinduism, The Art of War from the Chinese culture, and the Torah from Judaism. As these texts come from distinct traditions and from different parts of the world, it might be assumed there exists no common ground between them. Yet, each of these texts is designed to give leaders advice about conflict. In fact, there are allusions in all three texts to avoiding war, being...
January 26, 2017
This article examines the art of negotiation through the lens of three ancient texts from diverse cultures: the Bhagavad Gita from Hinduism, The Art of War from the Chinese culture, and the Torah from Judaism. As these texts come from distinct traditions and from different parts of the world, it might be assumed there exists no common ground between them. Yet, each of these texts is designed to give leaders advice about conflict. In fact, there are allusions in all three texts to avoiding war, being...
TED: Women Don’t Negotiate and Other Similar Nonsense | Andrea Schneider
January 9, 2017
There are several false assumptions about gender and negotiation - that women do not negotiate; that women cannot negotiate effectively; and that women should not negotiate. In fact, these are myths. Andrea Schneider debunks these assumptions and more, as she discussed gender and its role in negotiation. Andrea Schneider, Professor of Law at Marquette University Law School, teaches Dispute Resolution, Negotiation, Ethics, and International Conflict Resolution. She also runs Marquette’s nationally...
January 9, 2017
There are several false assumptions about gender and negotiation - that women do not negotiate; that women cannot negotiate effectively; and that women should not negotiate. In fact, these are myths. Andrea Schneider debunks these assumptions and more, as she discussed gender and its role in negotiation. Andrea Schneider, Professor of Law at Marquette University Law School, teaches Dispute Resolution, Negotiation, Ethics, and International Conflict Resolution. She also runs Marquette’s nationally...
Should I Trust You? Let Me See Your Face…
December 12, 2016
If you try to identify what it is that makes someone trustworthy, you might list their forthrightness, values consistent with your own, or even their willingness to embrace unpopular positions. And that is all well and good but it likely is untrue. Instead, researchers tell us, we draw “relatively stable trustworthinesss impressions from facial appearance”. Apparently, based on the photo illustrating this post (taken from the research article) we define trust as having less prominent eyebrows...
December 12, 2016
If you try to identify what it is that makes someone trustworthy, you might list their forthrightness, values consistent with your own, or even their willingness to embrace unpopular positions. And that is all well and good but it likely is untrue. Instead, researchers tell us, we draw “relatively stable trustworthinesss impressions from facial appearance”. Apparently, based on the photo illustrating this post (taken from the research article) we define trust as having less prominent eyebrows...
Tort Tactics: An Empirical Study of Personal Injury Litigation Strategies
December 7, 2016
This paper reveals some of the tactics that lawyers may use when conducting personal injury litigation. The research is empirically based by being drawn from structured interviews with a cross-section of practitioners. This qualitative evidence helps to place the rules of tort in a wider context and suggests that tactical considerations may affect the outcome of individual cases irrespective of their legal merits. A range of strategies are considered here to illustrate how they may be used at different...
December 7, 2016
This paper reveals some of the tactics that lawyers may use when conducting personal injury litigation. The research is empirically based by being drawn from structured interviews with a cross-section of practitioners. This qualitative evidence helps to place the rules of tort in a wider context and suggests that tactical considerations may affect the outcome of individual cases irrespective of their legal merits. A range of strategies are considered here to illustrate how they may be used at different...
The Pitfalls of Negotiations Over Email
November 17, 2016
Negotiation research suggests that email often poses more problems than solutions when it comes to relationships, information exchange, and outcomes in conflict resolution negotiation scenarios. First, establishing social rapport via email can be challenging. The lack of nonverbal cues and the dearth of social norms regarding its use can cause negotiators to be impolite and show little concern for their counterparts. Email negotiations are also fraught with misunderstanding, both because emotion...
November 17, 2016
Negotiation research suggests that email often poses more problems than solutions when it comes to relationships, information exchange, and outcomes in conflict resolution negotiation scenarios. First, establishing social rapport via email can be challenging. The lack of nonverbal cues and the dearth of social norms regarding its use can cause negotiators to be impolite and show little concern for their counterparts. Email negotiations are also fraught with misunderstanding, both because emotion...
Eight Steps for Better Communication for Mediation & Negotiation
October 27, 2016
There are many pieces to a successful negotiation or mediation but a critical one is communication. You need to effectively communicate your client’s goals and positions and take steps to try to get the other party to see things your way. Part of that communication is also effectively listening to the other party, understanding what the person is communicating verbally and non-verbally. Inc. magazine had a recent article listing steps which could improve your communication skills. Speak to groups...
October 27, 2016
There are many pieces to a successful negotiation or mediation but a critical one is communication. You need to effectively communicate your client’s goals and positions and take steps to try to get the other party to see things your way. Part of that communication is also effectively listening to the other party, understanding what the person is communicating verbally and non-verbally. Inc. magazine had a recent article listing steps which could improve your communication skills. Speak to groups...
When Clients Throw Punches and Chairs: How Mediators Respond to Violence
October 26, 2016
Much is known about screening family law mediation cases for potential violence, but little is known about violence that occurs within or immediately after mediation. In this article, we present the findings of a survey of U.S. mediators who reported their experiences of violence across a variety of mediation case types. These mediators described how and when violence arose and also reported the techniques and interventions that they used to de-escalate tensions and to respond to violence. Our goal...
October 26, 2016
Much is known about screening family law mediation cases for potential violence, but little is known about violence that occurs within or immediately after mediation. In this article, we present the findings of a survey of U.S. mediators who reported their experiences of violence across a variety of mediation case types. These mediators described how and when violence arose and also reported the techniques and interventions that they used to de-escalate tensions and to respond to violence. Our goal...
Ways to Make a Great First Impression Without Saying a Word
October 21, 2016
Whether you’re meeting a prospective client, interviewing for a job or meeting someone to negotiate or mediate a legal matter, first impressions matter. They set the tone of the relationship between you and the other person or people. If you blunder in the future you may be able get back on track but that’s not a situation you want to be in. Minda Zetlin has a number of suggestions on how to make a good impression without saying a word in an article in Inc. magazine. Be on time. Arriving...
October 21, 2016
Whether you’re meeting a prospective client, interviewing for a job or meeting someone to negotiate or mediate a legal matter, first impressions matter. They set the tone of the relationship between you and the other person or people. If you blunder in the future you may be able get back on track but that’s not a situation you want to be in. Minda Zetlin has a number of suggestions on how to make a good impression without saying a word in an article in Inc. magazine. Be on time. Arriving...
