As technology advances so do our options to communicate. Before there were written languages we negotiated verbally around the campfire. Now we can negotiate via Skype, texts, emails or instant messaging. How does using different media to communicate impact negotiations?
Like all things academic, opinions vary. A recent study published in the journal Computers in Human Behavior looked at the difference in electronically mediated negotiation (or e-negotiation) compared to face-to-face negotiations.
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Ever wonder how some people are able to negotiate their way into or out of anything?
Social psychologist Robert Cialdini set out to answer that question in his new book, "Pre-Suasion," which examines research from dozens of studies and personal anecdotes.
What separates great negotiators from the rest of us, he found, is the ability to set the stage before making their case.
"The best persuaders become the best through pre-suasion — the process of arranging for recipients to be receptive...
Harvard professor Oliver Hart and MIT's Bengt Holmström were awarded Monday the 2016 Nobel Memorial Prize in Economic Sciences for their work on contract theory, the study of how people can efficiently enter into agreements. Their contributions have shaped the thinking in a wide range of fields, from law, to economics to political science.
Holmström's work explores how best to monitor and reward people for doing their jobs. Paying for performance does not always encourage employees to work...
Leonhardt says the first two situations are easier to recognize than the third. If your client is desperate to put this issue behind him or her or in need of money that could come from a settlement, you should advise the client of the dangers of the situation but ultimately it’s the client’s decision what to do. If the other party is suddenly interested in negotiation it should not be a big deal to ask for a little time to prepare.
In the third situation not all of us have minds with airtight...
There are several strategies to use when trying to negotiate to the other side’s needs.
First, consider whether the information that you want to communicate will be important to the other side. Next, ask yourself why? Why would the other side need this information? Is it to help with the damages, to change their mind, help them understand the facts? Then, you need to ask yourself how this information will benefit the other side? Will the information change liability, alter damages,...
Researchers constantly seek to learn more about the trick to being a good leader. According to Dina Krasikova, assistant professor of management at the University of Texas in San Antonio (UTSA), confidence is the key to being a successful and creative leader. This research can also help understand some of the tools necessary to be a good mediator.
“When leaders feel confident that they can produce creative outcomes, their subordinates become more creative,” she said. “It’s that simple....
Meditation is seen as a way to relax, focus on yourself and clear your cluttered brain of extraneous and harmful thoughts. Dina Kaplan, in an article in Forbes magazine, wrote about how meditation may make you better at negotiation
She stated she thought meditation would help her in her personal life but it also helped her professionally. She says it “dramatically” improved her negotiation skills. Kaplan writes she was a “terrible” negotiator, often not getting what she wanted and angering...
The Conflict Continuum
It is helpful to consider a dispute as a continuum of conflict where on one end is the “dispute” and the other end is “resolution”. In the middle are a number of signposts where the parties have real and substantive moments to reach closure.
On the right end of the continuum is a jury trial, which is the most effective and elegant approach developed by our judicial system. It has succeeded for centuries and is the cornerstone for everything else that flows from...
Chris Voss is a former FBI hostage negotiator who now teaches negotiation techniques. He has a video on YouTube giving some pointers on how you can be a better negotiator
Voss says how you use your voice is very important and is driven by context more than anything else. Your tone of voice will immediately impact the other party’s mood. Voss says there is scientific data showing that our brains will work up to 31% more effectively when we are in a good mood.
If you smile at the other party...
The word "bully" conjures up many images. There's the playground bully. The teen bully. The workplace bully. And in the new millennium, there's the cyberbully. But what about the lawyer bully?
Litigation by nature is adversarial. But the lawyer bully is one who preys on younger or less experienced lawyers. The lawyer bully yells. Interrupts. Belittles. Harasses. The lawyer bully often strikes during depositions or communications when no judge is present to put the bully in her place....