Negotiation
Aggregation as Disempowerment: Red Flags in Class Action Settlements
June 3, 2016
Our own Howie Erichson has posted his latest piece, Aggregation in Disempowerment: Red Flags in Class Action Settlements, on SSRN. It's a great read for judges and attorneys alike and points out--as the title suggests--provisions in class action settlements that should give judges pause before approving a class settlement. Here's the abstract: Class action critics and proponents cling to the conventional wisdom that class actions empower claimants. Critics complain that class actions over-empower...
June 3, 2016
Our own Howie Erichson has posted his latest piece, Aggregation in Disempowerment: Red Flags in Class Action Settlements, on SSRN. It's a great read for judges and attorneys alike and points out--as the title suggests--provisions in class action settlements that should give judges pause before approving a class settlement. Here's the abstract: Class action critics and proponents cling to the conventional wisdom that class actions empower claimants. Critics complain that class actions over-empower...
7 Things to Say When a Conversation Turns Negative
June 3, 2016
Reframe — Cast the issue in a different light. Describe the other person’s words or actions in a way that behooves future interactions. If someone says, “I don’t want to fight about this,” a useful reframe of that comment is, “This is a debate, certainly not a fight. And you’re a good debater, as I recall.” Rephrase — Say the words in a different, less negative way. Should someone accuse you of having come on too strongly in a meeting, you might reply, “I was passionate.”...
June 3, 2016
Reframe — Cast the issue in a different light. Describe the other person’s words or actions in a way that behooves future interactions. If someone says, “I don’t want to fight about this,” a useful reframe of that comment is, “This is a debate, certainly not a fight. And you’re a good debater, as I recall.” Rephrase — Say the words in a different, less negative way. Should someone accuse you of having come on too strongly in a meeting, you might reply, “I was passionate.”...
Negotiating With a Manipulative Party?
June 2, 2016
From a litigation advocacy perspective, it is unlikely you will be able to conduct actual negotiations via text. However, if you end up in mediation, remember that much of the bluster of the machiavellian, the manipulation of the psychopath, and the preening behavior of the narcissist will be eliminated when they are interacting with you not in person, but through the mediator. Make yourself think concretely—not “what does that really mean?” but, “what was offered?”. If you find yourself...
June 2, 2016
From a litigation advocacy perspective, it is unlikely you will be able to conduct actual negotiations via text. However, if you end up in mediation, remember that much of the bluster of the machiavellian, the manipulation of the psychopath, and the preening behavior of the narcissist will be eliminated when they are interacting with you not in person, but through the mediator. Make yourself think concretely—not “what does that really mean?” but, “what was offered?”. If you find yourself...
Empathy is Critical to Successful Negotiation
May 24, 2016
If you want your interests taken into consideration by the other party you should clearly explain them. When the parties feel they are paying attention to each other and honestly making an effort to settle a matter there’s a better chance of reaching a resolution. Discussions should focus on the desired outcome not on past events that created the conflict while being open to different proposals and positions. Examples of how this works comes from the political world where there is no lack of conflict....
May 24, 2016
If you want your interests taken into consideration by the other party you should clearly explain them. When the parties feel they are paying attention to each other and honestly making an effort to settle a matter there’s a better chance of reaching a resolution. Discussions should focus on the desired outcome not on past events that created the conflict while being open to different proposals and positions. Examples of how this works comes from the political world where there is no lack of conflict....
Negotiating Over the Phone
May 23, 2016
Attorneys negotiate over the telephone all the time and there are some things that you and your client should consider if the parties are trying to work out an agreement. All the negotiating could be done over the phone or the parties may follow up from face to face negotiation or mediation. Either way California Lawyer has some suggestions for communicating with others over the phone. Tips for Negotiating Over the Phone You may dread talking to a particular attorney. Perhaps prior negotiations...
May 23, 2016
Attorneys negotiate over the telephone all the time and there are some things that you and your client should consider if the parties are trying to work out an agreement. All the negotiating could be done over the phone or the parties may follow up from face to face negotiation or mediation. Either way California Lawyer has some suggestions for communicating with others over the phone. Tips for Negotiating Over the Phone You may dread talking to a particular attorney. Perhaps prior negotiations...
Influencing Negotiation Willingness in the Middle East: The Potential Contributions of Private Actors
May 13, 2016
Numerous efforts to solve the Israeli–Palestinian conflict through diplomacy have taken place over the last four decades. To shed light on this dilemma in this article, the role that private actors and nongovernmental organizations (NGOs) can play to enhance the negotiation willingness of nonstate armed groups was examined. It was argued that the NGOs in particular could play key roles in promoting the negotiation willingness of nonstate actors and also in influencing their internal dynamics and increasing...
May 13, 2016
Numerous efforts to solve the Israeli–Palestinian conflict through diplomacy have taken place over the last four decades. To shed light on this dilemma in this article, the role that private actors and nongovernmental organizations (NGOs) can play to enhance the negotiation willingness of nonstate armed groups was examined. It was argued that the NGOs in particular could play key roles in promoting the negotiation willingness of nonstate actors and also in influencing their internal dynamics and increasing...
The Effect of Advice on Negotiations: How Advisors Influence What Negotiators Do
May 12, 2016
Studies of negotiations often overlook, or at least do not fully account for, the important role played by people who advise negotiators. Often deliberately hidden from view, advisors have important but unrecognized influence on the negotiation dynamic. In this article, I explore the roles and methods of advisors in the negotiation process, drawing on role theory and survey research conducted in 2013 among approximately seventy advisors at the European Union Council of Ministers. I define advice...
May 12, 2016
Studies of negotiations often overlook, or at least do not fully account for, the important role played by people who advise negotiators. Often deliberately hidden from view, advisors have important but unrecognized influence on the negotiation dynamic. In this article, I explore the roles and methods of advisors in the negotiation process, drawing on role theory and survey research conducted in 2013 among approximately seventy advisors at the European Union Council of Ministers. I define advice...
Focal Points and Turning Points in Negotiation: A Comparative Analysis
May 11, 2016
In this article, we examine the roles of focal points and turning points in negotiation. Both concern impasses in negotiation, and negotiators can exploit them to move past impasses. Each term uses the word “point” differently, however. A focal point refers to a single salient coordinating concept shared by the parties. A turning point is a departure that takes place during the course of a negotiation, when the course seems to change. Precipitants precede turning points and consequences follow...
May 11, 2016
In this article, we examine the roles of focal points and turning points in negotiation. Both concern impasses in negotiation, and negotiators can exploit them to move past impasses. Each term uses the word “point” differently, however. A focal point refers to a single salient coordinating concept shared by the parties. A turning point is a departure that takes place during the course of a negotiation, when the course seems to change. Precipitants precede turning points and consequences follow...
Toward a Theory of Negotiation Precedent
May 10, 2016
It is remarkable that precedents and their use have not been well explored within the negotiation literature. In this article, I examine the sparse knowledge of precedents and offer a preliminary framework for understanding the role of precedents in negotiation, including how negotiators establish and apply them. Precedents can either evolve randomly or be created with strategic intent. Understanding precedents generally involves examining how negotiators build, adopt, avoid, and reject them. In...
May 10, 2016
It is remarkable that precedents and their use have not been well explored within the negotiation literature. In this article, I examine the sparse knowledge of precedents and offer a preliminary framework for understanding the role of precedents in negotiation, including how negotiators establish and apply them. Precedents can either evolve randomly or be created with strategic intent. Understanding precedents generally involves examining how negotiators build, adopt, avoid, and reject them. In...
Testosterone Decreases The Ability To Feel Empathy By Interrupting Brain Networks
May 9, 2016
Whenever there’s a quarrel, fist-fight or bar brawl, testosterone usually has something to do with it. Famous for fuelling aggression, this male sex hormone is the prime suspect behind the human tendency towards antagonism, and with good reason. According to a new study in the journal Psychoneuroendicinology, testosterone reduces connectivity in brain regions responsible for feeling empathy towards others and incorporating this sentiment into our decision-making. Led by scientists from Utrecht...
May 9, 2016
Whenever there’s a quarrel, fist-fight or bar brawl, testosterone usually has something to do with it. Famous for fuelling aggression, this male sex hormone is the prime suspect behind the human tendency towards antagonism, and with good reason. According to a new study in the journal Psychoneuroendicinology, testosterone reduces connectivity in brain regions responsible for feeling empathy towards others and incorporating this sentiment into our decision-making. Led by scientists from Utrecht...
