3) How far do you see smart contracts impacting (both positively and negatively) the legal sector, given that most contracts are produced at present by lawyers?
I think it will have a transformative impact for contracts where clarity of terms is important; a smart contract is almost always clearer than legalese.
Sergey Nazarov, CEO, Smartcontract.comI expect they will be used little in contracts where “strategic ambiguity” allows avoiding the discussion of scenarios that don’t need to be discussed...
Deception is pervasive in negotiations, and proponents of bounded ethicality propose that the decision to use deception reflects the influence of (unconscious) implicit processes. In this article, we empirically explore the bounded ethicality perspective. In the first experiment, we found that an implicit association between business and morality interacted with the competitive and cooperative characteristics of a negotiation to influence both negotiators' attitudes toward deception and their intentions...
As part of the White House's push to achieve equal pay in the foreseeable future, seven new apps were designed by tech companies and programmers over the course of a two-month hackathon. One of the programs developed was a negotiation simulator that a user can experience in virtual reality. The WSJ reports:
Variable Labs, of Oakland, Calif, developed the negotiation simulator. The app for a Samsung Gear VR device intends to help users practice negotiation techniques and improve soft skills in an interview...
It is a tradition in many cultures, especially in East Asia, for business negotiations to be accompanied by drinking alcohol. Motivated in part to wonder why this might be, Pak Hung Au and Jipeng Zhang, at Nanyang Technological University in Singapore and Southwestern University of Finance and Economics in China, have tested the effects of a small cup of beer (350ml) on participants' bargaining behaviour.
The study in the Journal of Economic Behavior & Organisation involved 114 people playing...
It's a dilemma extremely familiar to anyone with social anxiety – for how long to make eye contact before looking away? The fear is that if you only ever fix the other person's gaze for very brief spells then you'll look shifty. If you lock on for too long, on the other hand, then there's the risk of seeming creepy. Thankfully a team of British researchers has now conducted the most comprehensive study of what people generally regard as a comfortable length of eye contact.
For the research published...
If a customer is really pressing you for a discount, talk about features or services the customer would be willing to give up to get it — a “give-get.” These little gems force buyers to recognize that while they may be able to reduce costs, there will be less value in the solution offered. Give-gets force the discussion from price back to where it should be: value. This leads the conversation away from haggling, to a more illuminating and productive discussion around what the customer really...
Use facts, not threats. Both parties typically come to a negotiation with different perceptions about interests, options, and consequences. At times, you feel a need to challenge their perception of reality. For example, Trevor signed a non-compete when he joined the firm that placed legal obligations on him. Allison thinks Trevor is naïve to the consequences of approaching the firm’s client with his new services. She can bring up her understanding of the non-compete in one of two ways: as fact...
My colleague, former judge and prominent mediator/ arbitrator Abraham Gafni gives his students well-known advice: to complete a negotiation successfully, you must provide satisfaction on three fronts.
Procedural satisfaction. Everyone believes that the process has followed a fair, agreed-upon procedure.
Substantive satisfaction. Although participants may not get all that they want, they can agree on the compromised result.
Psychological satisfaction. Participants must feel that the negotiation...
If you want to get what you need when the other negotiator is a bully don’t give in but stand up against the bully. That means being smart about preparation and the negotiation process, not copying his or her language or theatrics.
Do your homework and out think the bully
Bullies don’t care about what the other party thinks. They just want things their way. A bully may think this makes them strong, but it’s actually a weakness and a vulnerability because he or she isn’t doing the necessary...