Negotiation
The Star Wars Negotiations and Trust at the Negotiation Table
February 5, 2016
Building Trust in Bargaining Scenarios is Key to Successful Negotiated Agreements - Learn How Disney and George Lucas Bargained Over the Film Property, Star Wars What is negotiation in business? Negotiation research has identified it as a process of building trust and negotiation tactics for building trust at the bargaining table have proven effective in helping negotiators create, and claim, more value out of dealmaking scenarios. On October 30, the Walt Disney Company made a bold leap into the world...
February 5, 2016
Building Trust in Bargaining Scenarios is Key to Successful Negotiated Agreements - Learn How Disney and George Lucas Bargained Over the Film Property, Star Wars What is negotiation in business? Negotiation research has identified it as a process of building trust and negotiation tactics for building trust at the bargaining table have proven effective in helping negotiators create, and claim, more value out of dealmaking scenarios. On October 30, the Walt Disney Company made a bold leap into the world...
Emotion Recognition Software: Future Tool for Negotiators?
January 25, 2016
Software is available that developers claim can measure the emotions revealed on a person’s face. If it’s accurate and could be used discretely on some kind of personal device or Google Glass, future negotiators could have real time input on the emotions the other party is showing. This could change how a negotiation is done. Microsoft has a new app that reportedly can measure feelings exhibited on a person’s face when a photo is taken. It breaks up the image of the face into emotional constituents...
January 25, 2016
Software is available that developers claim can measure the emotions revealed on a person’s face. If it’s accurate and could be used discretely on some kind of personal device or Google Glass, future negotiators could have real time input on the emotions the other party is showing. This could change how a negotiation is done. Microsoft has a new app that reportedly can measure feelings exhibited on a person’s face when a photo is taken. It breaks up the image of the face into emotional constituents...
Convincing Based on Logic and Facts a Losing Proposition
January 21, 2016
We all like to think how smart, sophisticated and logical we are. We think we can’t be manipulated by people trying to use our emotions in order to get us to buy something or agree to someone’s opinion. We may be overestimating ourselves. The truth is an argument based on an emotional appeal has a greater chance of getting someone to agree with you than facts that support your position, according to an article in Quartz. Rob Yeung, a psychologist and author of How to Stand Out, states the most...
January 21, 2016
We all like to think how smart, sophisticated and logical we are. We think we can’t be manipulated by people trying to use our emotions in order to get us to buy something or agree to someone’s opinion. We may be overestimating ourselves. The truth is an argument based on an emotional appeal has a greater chance of getting someone to agree with you than facts that support your position, according to an article in Quartz. Rob Yeung, a psychologist and author of How to Stand Out, states the most...
The Dangers of Texting While Negotiating
January 20, 2016
Though not as potentially lethal as texting while driving, the use of texts by attorneys to communicate with the other party, if not done with care, may result in the negotiations crashing and burning. Texting is the preferred means of communicating for many people but given its limitations one must be careful when negotiating by text. The main upsides for texting are ease and convenience. In addition face to face communications and even phone calls have a level of stress that can be avoided by the nearly...
January 20, 2016
Though not as potentially lethal as texting while driving, the use of texts by attorneys to communicate with the other party, if not done with care, may result in the negotiations crashing and burning. Texting is the preferred means of communicating for many people but given its limitations one must be careful when negotiating by text. The main upsides for texting are ease and convenience. In addition face to face communications and even phone calls have a level of stress that can be avoided by the nearly...
Unconscious Trust Formed in Milliseconds
January 12, 2016
We’ve known that our brains form first impressions of both people and things very, very quickly. A 2006 study showed that a mere 50 milliseconds were enough to form an opinion about a website. More recently, researchers have discovered that our brains form an impression of faces even when the exposure time is so short we’re not consciously aware we saw them. The scientists found that our amygdala, an area of the brain associated with emotion and decision-making, makes a judgment about the trustworthiness...
January 12, 2016
We’ve known that our brains form first impressions of both people and things very, very quickly. A 2006 study showed that a mere 50 milliseconds were enough to form an opinion about a website. More recently, researchers have discovered that our brains form an impression of faces even when the exposure time is so short we’re not consciously aware we saw them. The scientists found that our amygdala, an area of the brain associated with emotion and decision-making, makes a judgment about the trustworthiness...
No Meeting of the Minds = Summary Judgment Enforcing Settlement Affirmed
January 7, 2016
The defendant appealed a summary judgment against it on a multi-million dollar claim for breach of a settlement agreement, alleging that a novation had replaced that agreement with a new bargain. Taj Al Khairat, Ltd. v. Swiftships Shipbuilders, LLC, No. 15-30195 (Dec. 4, 2015, unpublished). The Fifth Circuit affirmed, noting that while both principals of the defendant were confident about an agreement to resolve the liability under the settlement, a number of unanswered questions remained about subsequent...
January 7, 2016
The defendant appealed a summary judgment against it on a multi-million dollar claim for breach of a settlement agreement, alleging that a novation had replaced that agreement with a new bargain. Taj Al Khairat, Ltd. v. Swiftships Shipbuilders, LLC, No. 15-30195 (Dec. 4, 2015, unpublished). The Fifth Circuit affirmed, noting that while both principals of the defendant were confident about an agreement to resolve the liability under the settlement, a number of unanswered questions remained about subsequent...
Negotiating with the Dangerous and Highly Unstable
December 9, 2015
Last week Jackie Nolan-Haley told us of Fordham’s program on Negotiating with the Dangerous, which was headlined by our very own leader Andrea. And just yesterday an article of another sort of dangerous negotiation crossed my desk – negotiating with toddlers. And you best be careful. Why? The piece’s conclusion: having a toddler is like engaging in ongoing hostage negotiations with a highly unstable person. In my house, we’re ground zero for these kinds of negotiations with our toddler and our non-toddler...
December 9, 2015
Last week Jackie Nolan-Haley told us of Fordham’s program on Negotiating with the Dangerous, which was headlined by our very own leader Andrea. And just yesterday an article of another sort of dangerous negotiation crossed my desk – negotiating with toddlers. And you best be careful. Why? The piece’s conclusion: having a toddler is like engaging in ongoing hostage negotiations with a highly unstable person. In my house, we’re ground zero for these kinds of negotiations with our toddler and our non-toddler...
Beyond Fairness: The Place of Moral Foundations Theory in Mediation and Negotiation
December 4, 2015
Intuitive moral judgments pervade mediation and negotiation but are not well understood or managed. People usually experience them in terms of “fairness.” A sense of unfairness can fuel a conflict or prevent an agreement; a sense of being treated fairly, or presented with fair terms, can close a deal. Despite the ubiquity of moral judgments, negotiators and mediators have generally not articulated a coherent and explicit way to deal with them. Moral Foundations Theory, developed by psychologist...
December 4, 2015
Intuitive moral judgments pervade mediation and negotiation but are not well understood or managed. People usually experience them in terms of “fairness.” A sense of unfairness can fuel a conflict or prevent an agreement; a sense of being treated fairly, or presented with fair terms, can close a deal. Despite the ubiquity of moral judgments, negotiators and mediators have generally not articulated a coherent and explicit way to deal with them. Moral Foundations Theory, developed by psychologist...
What Should You Consider if You Plan to Negotiate By Email?
November 28, 2015
Email Tips There are some techniques for managing email negotiations and for addressing the disadvantages. If you are negotiating with someone you have never met, consider establishing a personal relationship before you begin the back and forth by email. Studies have shown that even a simple phone call and the identification of some commonality can help with subsequent email negotiations. Take care with each email. Take the time to read all the words and read them carefully before you respond...
November 28, 2015
Email Tips There are some techniques for managing email negotiations and for addressing the disadvantages. If you are negotiating with someone you have never met, consider establishing a personal relationship before you begin the back and forth by email. Studies have shown that even a simple phone call and the identification of some commonality can help with subsequent email negotiations. Take care with each email. Take the time to read all the words and read them carefully before you respond...
Why Do Negotiations Fail?
November 19, 2015
In recent years negotiation theorists have transformed our understanding of how to succeed in making a deal. Getting to Yes, published in 1981 by Roger Fisher and Bill Ury, has been translated into more than 30 languages and has sold millions of copies. The basic principles of their book – focusing on interests instead of positions, separating the people from the problem, using principled benchmarks for disputed issues, and identifying your best alternative to a negotiated deal – continue to guide...
November 19, 2015
In recent years negotiation theorists have transformed our understanding of how to succeed in making a deal. Getting to Yes, published in 1981 by Roger Fisher and Bill Ury, has been translated into more than 30 languages and has sold millions of copies. The basic principles of their book – focusing on interests instead of positions, separating the people from the problem, using principled benchmarks for disputed issues, and identifying your best alternative to a negotiated deal – continue to guide...
