Menu
Negotiation
Prepare for Negotiations Like a Warrior. Play a Game.
October 1, 2015
The more prepared you are for a negotiation, the fewer surprises there should be and the better able you should be to respond by offers, demands or actions by the other side. One way to prepare is to make a game of it, much like the military does when training its officers and service members. You may not have tanks to drive or planes to fly, but that doesn’t mean you can’t war game. A war game has rules, procedures, and conflict, all part of recreational games and military exercises. 4...
October 1, 2015
The more prepared you are for a negotiation, the fewer surprises there should be and the better able you should be to respond by offers, demands or actions by the other side. One way to prepare is to make a game of it, much like the military does when training its officers and service members. You may not have tanks to drive or planes to fly, but that doesn’t mean you can’t war game. A war game has rules, procedures, and conflict, all part of recreational games and military exercises. 4...
Good Anger
September 24, 2015
An article in the New York Times, The Rationality of Rage, summarizes the findings of several studies about when expressing anger can be productive. Despite the catchy title of the article, expressing rage generally isn’t helpful. But expressing anger can be useful in some situations. The article distinguishes three types of negotiations – primarily cooperative (e.g., starting a business), primarily competitive (e.g., dissolving a business), and a mixture (e.g., selling a business to a buyer)....
September 24, 2015
An article in the New York Times, The Rationality of Rage, summarizes the findings of several studies about when expressing anger can be productive. Despite the catchy title of the article, expressing rage generally isn’t helpful. But expressing anger can be useful in some situations. The article distinguishes three types of negotiations – primarily cooperative (e.g., starting a business), primarily competitive (e.g., dissolving a business), and a mixture (e.g., selling a business to a buyer)....
Managing Conflict 4.0: The New Wave of Opportunities for Businesses Around the Globe
September 22, 2015
Straus Institute for Dispute Resolution and the Dispute Resolution Law Journal present a two-day conference dealing with...
September 22, 2015
Straus Institute for Dispute Resolution and the Dispute Resolution Law Journal present a two-day conference dealing with...
Contract Negotiations
September 20, 2015
The first line of defense against scope creep is to be crystal clear from the start about what is and is not included in the contract. This will avoid a lot of headaches and feelings of resentment down the road. Input vs. output Services contracts can be input-based—stipulating the inputs that you will make, such as billable hours—or output-based—focusing on what you will produce. In general, input-based contracts will better protect you from scope creep than output-based contracts. For example,...
September 20, 2015
The first line of defense against scope creep is to be crystal clear from the start about what is and is not included in the contract. This will avoid a lot of headaches and feelings of resentment down the road. Input vs. output Services contracts can be input-based—stipulating the inputs that you will make, such as billable hours—or output-based—focusing on what you will produce. In general, input-based contracts will better protect you from scope creep than output-based contracts. For example,...
BATNA: Examples of 10 Hard Bargaining Negotiating Skills and Negotiation Strategies
August 31, 2015
Here is their Top 10 list of hardball tactics in negotiation to watch out for: 1. Extreme demands followed up by small, slow concessions. 2. Commitment tactics. 3. Take-it-or-leave-it offers. 4. Inviting unreciprocated offers. 5. Trying to make you flinch. 6. Personal insults and feather ruffling. 7. Bluffing, puffing, and lying. 8. Threats and warnings. 9. Belittling your alternatives. 10. Good cop, bad cop.
August 31, 2015
Here is their Top 10 list of hardball tactics in negotiation to watch out for: 1. Extreme demands followed up by small, slow concessions. 2. Commitment tactics. 3. Take-it-or-leave-it offers. 4. Inviting unreciprocated offers. 5. Trying to make you flinch. 6. Personal insults and feather ruffling. 7. Bluffing, puffing, and lying. 8. Threats and warnings. 9. Belittling your alternatives. 10. Good cop, bad cop.
You’re Already More Persuasive than You Think
August 19, 2015
How does all of this translate into getting what you need when you need it? Research my colleagues and I have conducted offers some practical suggestions on how to make requests. Just ask. The number one mistake people make is psyching themselves out before even asking for something. Be direct. Another common mistake is asking indirectly by dropping hints (“Hey Bob, what are you doing this weekend? I’m going to be working on a big project. I wish I had some more help…”). We think we’re...
August 19, 2015
How does all of this translate into getting what you need when you need it? Research my colleagues and I have conducted offers some practical suggestions on how to make requests. Just ask. The number one mistake people make is psyching themselves out before even asking for something. Be direct. Another common mistake is asking indirectly by dropping hints (“Hey Bob, what are you doing this weekend? I’m going to be working on a big project. I wish I had some more help…”). We think we’re...
Today’s Tech: A Litigation Attorney Uses Technology To Level The Playing Field
August 18, 2015
Some of the Android apps he uses most often on his tablet include Fastcase (in conjunction with Google Scholar) for research,...
August 18, 2015
Some of the Android apps he uses most often on his tablet include Fastcase (in conjunction with Google Scholar) for research,...
23 Diagrams Reveal How to Negotiate
August 15, 2015
You can't expect negotiations with the French to be like negotiations with Americans, and the same holds true for every culture around the world. British linguist Richard D. Lewis charted communication patterns as well as leadership styles and cultural identities in his book, "When Cultures Collide," which is now in a 2005 third edition. His organization offers classes in cross-cultural communication for clients like Unilever and BMW. Although cultural generalizations can be overly reductive,...
August 15, 2015
You can't expect negotiations with the French to be like negotiations with Americans, and the same holds true for every culture around the world. British linguist Richard D. Lewis charted communication patterns as well as leadership styles and cultural identities in his book, "When Cultures Collide," which is now in a 2005 third edition. His organization offers classes in cross-cultural communication for clients like Unilever and BMW. Although cultural generalizations can be overly reductive,...
iPad App: Picture It Settled – Negotiation App for Lawyers
August 14, 2015
Settlement negotiations are never fun. The back and forth and countless rounds of negotiations can cause the process to be drawn-out...
August 14, 2015
Settlement negotiations are never fun. The back and forth and countless rounds of negotiations can cause the process to be drawn-out...
iPad App: Picture It Settled – Negotiation App for Lawyers
August 12, 2015
Settlement negotiations are never fun. The back and forth and countless rounds of negotiations can cause the process to be drawn-out...
August 12, 2015
Settlement negotiations are never fun. The back and forth and countless rounds of negotiations can cause the process to be drawn-out...
