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Negotiation
Buyer and Seller Differences in Business‐to‐Business Negotiations
July 23, 2019
The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative...
July 23, 2019
The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative...
Legal Theory Lexicon: The Prisoners’ Dilemma
June 28, 2019
One of the most useful tools in analyzing legal rules and the policy problems to which they apply is game theory. The basic...
June 28, 2019
One of the most useful tools in analyzing legal rules and the policy problems to which they apply is game theory. The basic...
Incentives, Performance and Choking in Darts
June 14, 2019
This paper examines the effect of incentives on the performance of darts players. We analyze four data sets covering a total of 28,761 darts matches of professional, amateur, and youth players. The game of darts offers an attractive natural research setting, because performance can be observed at the individual level and without obscuring effects of risk considerations and behavior of others. We find that amateur and youth players perform better under moderately higher incentives, but choke when...
June 14, 2019
This paper examines the effect of incentives on the performance of darts players. We analyze four data sets covering a total of 28,761 darts matches of professional, amateur, and youth players. The game of darts offers an attractive natural research setting, because performance can be observed at the individual level and without obscuring effects of risk considerations and behavior of others. We find that amateur and youth players perform better under moderately higher incentives, but choke when...
“Shooting The Messenger” Is A Psychological Reality – Share Bad News And People Will Like You Less
June 12, 2019
But it turns out this phenomenon of “shooting the messenger” is not just restricted to fiction. A new paper in Journal of Experimental Psychology: General has demonstrated that we do tend to take a dim view of the bearers of bad news – even when these people are simply innocent messengers. Altogether, the research suggests that “shooting the messenger” has a real basis in the way people act in everyday situations. It seems to stem from a number of sources,...
June 12, 2019
But it turns out this phenomenon of “shooting the messenger” is not just restricted to fiction. A new paper in Journal of Experimental Psychology: General has demonstrated that we do tend to take a dim view of the bearers of bad news – even when these people are simply innocent messengers. Altogether, the research suggests that “shooting the messenger” has a real basis in the way people act in everyday situations. It seems to stem from a number of sources,...
Settlement Malpractice
June 11, 2019
Lawyers routinely settle lawsuits or advise their clients about settlement. One might expect, therefore, that clients routinely complain about some aspect of their lawyers’ settlement services. Ten years of data from eleven jurisdictions paint a vivid, different picture: although the vast majority of civil lawsuits are resolved through negotiated settlements and although complaints against lawyers are common, fewer than 1% of reported legal malpractice cases and only about 1.5% of Bar complaints...
June 11, 2019
Lawyers routinely settle lawsuits or advise their clients about settlement. One might expect, therefore, that clients routinely complain about some aspect of their lawyers’ settlement services. Ten years of data from eleven jurisdictions paint a vivid, different picture: although the vast majority of civil lawsuits are resolved through negotiated settlements and although complaints against lawyers are common, fewer than 1% of reported legal malpractice cases and only about 1.5% of Bar complaints...
Pepperdine Hosts International Conference For Dispute Resolution Teachers, Scholars, And Leaders
June 9, 2019
The Straus Institute for Dispute Resolution at Pepperdine Law School, ranked #1 by U.S. News & World Report for 13 of the past 15th years, will host a landmark conference on June 18-19, 2019: Appreciating Our Legacy and Engaging theFuture: An International Conference for Dispute Resolution Teachers, Scholars, and Leaders. Participants will compare perspectives on four decades of change in managing and resolving conflict. The Co-Chairs of the Conference are: Tom...
June 9, 2019
The Straus Institute for Dispute Resolution at Pepperdine Law School, ranked #1 by U.S. News & World Report for 13 of the past 15th years, will host a landmark conference on June 18-19, 2019: Appreciating Our Legacy and Engaging theFuture: An International Conference for Dispute Resolution Teachers, Scholars, and Leaders. Participants will compare perspectives on four decades of change in managing and resolving conflict. The Co-Chairs of the Conference are: Tom...
Behavioral Legal Ethics and Negotiation
May 27, 2019
The 2019 Chris Beecroft Jr. Lecture with Russell Korobkin Here is a link to this year's annual Beecroft Lecture at the Saltman Center for Conflict Resolution. The speaker was Russell Korobkin, Vice Dean and Richard C. Maxwell Professor of Law @ UCLA. His topic was "Behavioral Legal Ethics and Negotiation." His talk will be the basis for an article in the Nevada Law Journal.
May 27, 2019
The 2019 Chris Beecroft Jr. Lecture with Russell Korobkin Here is a link to this year's annual Beecroft Lecture at the Saltman Center for Conflict Resolution. The speaker was Russell Korobkin, Vice Dean and Richard C. Maxwell Professor of Law @ UCLA. His topic was "Behavioral Legal Ethics and Negotiation." His talk will be the basis for an article in the Nevada Law Journal.
Fifth Circuit Holds Houston Law Firm May Intervene in Client’s Arbitration Case
May 15, 2019
The United States Court of Appeals for the Fifth Circuit has ordered a Texas federal court to allow a law firm to intervene in a case over a contingency fee dispute with a client following arbitration proceedings. In Adam Joseph Resources, et al. v. CNA Metals Limited, No. 17-20685 (5th Cir., March 26, 2019), a Houston law firm, Brown Sims, represented a client, Adam Joseph Resources (“AJR”), on a contingency fee basis against CNAMetals (“CNA”). ...
May 15, 2019
The United States Court of Appeals for the Fifth Circuit has ordered a Texas federal court to allow a law firm to intervene in a case over a contingency fee dispute with a client following arbitration proceedings. In Adam Joseph Resources, et al. v. CNA Metals Limited, No. 17-20685 (5th Cir., March 26, 2019), a Houston law firm, Brown Sims, represented a client, Adam Joseph Resources (“AJR”), on a contingency fee basis against CNAMetals (“CNA”). ...
Lawyers and Twitter: Six Ways To Make People Like You
May 4, 2019
Each of Carnegie’s points apply to how you as a lawyer can use Twitter to make people like you. Become genuinely interested in other people. Smile. Remember that a person’s name is, to that person, the sweetest and most important sound in any language. Be a good listener. Encourage others to talk about themselves. Talk in terms of the other person’s interest. Make the other person feel important – and do it sincerely.
May 4, 2019
Each of Carnegie’s points apply to how you as a lawyer can use Twitter to make people like you. Become genuinely interested in other people. Smile. Remember that a person’s name is, to that person, the sweetest and most important sound in any language. Be a good listener. Encourage others to talk about themselves. Talk in terms of the other person’s interest. Make the other person feel important – and do it sincerely.
UT Law: 41st Annual Corporate Counsel Institute
April 9, 2019
The 41st Annual Corporate Counsel Institute offers in-depth, practical discussions on legal issues for in-house counsel...
April 9, 2019
The 41st Annual Corporate Counsel Institute offers in-depth, practical discussions on legal issues for in-house counsel...
