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Negotiation
Merkel and Putin: A Study in Negotiation Style
January 23, 2015
In his recent profile of Merkel in the New Yorker, journalist George Packer outlined the complex relationship that she and Putin have forged. Merkel, who grew up in East Germany and spent her young adulthood there, shares a common geography with Putin, a former KGB major who guarded the KGB bureau in Dresden, Germany, when the Berlin Wall fell in 1989. Merkel and Putin switch between German and Russian during their meetings and regular phone calls. Merkel, a former scientist who prides herself...
January 23, 2015
In his recent profile of Merkel in the New Yorker, journalist George Packer outlined the complex relationship that she and Putin have forged. Merkel, who grew up in East Germany and spent her young adulthood there, shares a common geography with Putin, a former KGB major who guarded the KGB bureau in Dresden, Germany, when the Berlin Wall fell in 1989. Merkel and Putin switch between German and Russian during their meetings and regular phone calls. Merkel, a former scientist who prides herself...
Court Takes Another Look At James Brown Settlement
January 14, 2015
Music legend James Brown passed away on Christmas in 2006 and scholarship money has yet to be awarded from the education charity he established in his estate plan, the “I Feel Good” Trust. The South Carolina Supreme Court said that could shed light on why Brown’s charity is currently in limbo. The Court will hear two appeals filed by former Brown trustee Adele Pope, who served as co-trustee of the Brown estate with Robert Buchanan from 2007 to 2009. The appeals are linked to orders issued...
January 14, 2015
Music legend James Brown passed away on Christmas in 2006 and scholarship money has yet to be awarded from the education charity he established in his estate plan, the “I Feel Good” Trust. The South Carolina Supreme Court said that could shed light on why Brown’s charity is currently in limbo. The Court will hear two appeals filed by former Brown trustee Adele Pope, who served as co-trustee of the Brown estate with Robert Buchanan from 2007 to 2009. The appeals are linked to orders issued...
The Role of Emotions in Effective Negotiations
January 5, 2015
A simple view of negotiation presents a cold transaction between what one person has and what the other person is willing to pay for it. If the price is right, the deal gets done. As anyone who has recently bought a car or sold a house knows, however, negotiations are rarely so dispassionate. As soon as the checkbook comes out a flood of emotions comes out with it—fear, anxiety, competiveness, anger, annoyance—all of which can influence what either side is willing to accept. Emotions such...
January 5, 2015
A simple view of negotiation presents a cold transaction between what one person has and what the other person is willing to pay for it. If the price is right, the deal gets done. As anyone who has recently bought a car or sold a house knows, however, negotiations are rarely so dispassionate. As soon as the checkbook comes out a flood of emotions comes out with it—fear, anxiety, competiveness, anger, annoyance—all of which can influence what either side is willing to accept. Emotions such...
For Sony Pictures Execs, The Interview Tested Negotiation Skills
December 31, 2014
Sony’s problems may be traced in part to the importance of culture in negotiation and managerial decision making. Sources told the Times that Sony Pictures executives had decided to green-light Rogen and his co-director Evan Goldberg’s film for fear they would decamp to another studio. The desire to snare a film by hot young directors may have blinded Pascal and other Sony Pictures executives to its potential geopolitical repercussions. In particular, they appeared not to seriously consider...
December 31, 2014
Sony’s problems may be traced in part to the importance of culture in negotiation and managerial decision making. Sources told the Times that Sony Pictures executives had decided to green-light Rogen and his co-director Evan Goldberg’s film for fear they would decamp to another studio. The desire to snare a film by hot young directors may have blinded Pascal and other Sony Pictures executives to its potential geopolitical repercussions. In particular, they appeared not to seriously consider...
The Risks of Taking Dealmaking Off the Table
December 29, 2014
On December 7, the news broke that Pierre Korkie, a South African who had been held hostage in Yemen by Al Qaeda, was killed by his guards just hours before his scheduled release due to a botched U.S. attempt to free another hostage. The tragedy suggests the dangers not only of refusing to engage in dealmaking with unsavory potential negotiating partners, but of failing to communicate adequately with those affected by such decisions. Korkie and his wife, Yolande, were seized in May 2013 in Yemen,...
December 29, 2014
On December 7, the news broke that Pierre Korkie, a South African who had been held hostage in Yemen by Al Qaeda, was killed by his guards just hours before his scheduled release due to a botched U.S. attempt to free another hostage. The tragedy suggests the dangers not only of refusing to engage in dealmaking with unsavory potential negotiating partners, but of failing to communicate adequately with those affected by such decisions. Korkie and his wife, Yolande, were seized in May 2013 in Yemen,...
Negotiation Tips for the Holidays
December 19, 2014
The holidays are a series of negotiations. Where do we spend the holiday? Who will join us? Whose family recipe will be used for dinner? Most importantly, who will be present? Will my feelings be hurt? Will I hurt feelings? And, why is so and so always so loud or, alternatively, so quiet? So, what tips will help you through the holidays? It’s the stuff that mediators and hostage negotiators do every day. Listen. Really listen. Actively listen. Or, as one former F.B.I. hostage negotiator...
December 19, 2014
The holidays are a series of negotiations. Where do we spend the holiday? Who will join us? Whose family recipe will be used for dinner? Most importantly, who will be present? Will my feelings be hurt? Will I hurt feelings? And, why is so and so always so loud or, alternatively, so quiet? So, what tips will help you through the holidays? It’s the stuff that mediators and hostage negotiators do every day. Listen. Really listen. Actively listen. Or, as one former F.B.I. hostage negotiator...
Book: Negotiating for Success: Essential Strategies and Skills
November 17, 2014
Another book describes the use of decision trees in negotiation. "By the time you complete this book, you should be able...
November 17, 2014
Another book describes the use of decision trees in negotiation. "By the time you complete this book, you should be able...
What is Negotiation?, Part 2
November 4, 2014
We often think of negotiation as a distinct and climactic phase of a dispute. Interactions leading up to the final settlement event are often considered merely as preparation, if that. In litigated cases, we often ignore the litigation as if it was largely irrelevant to the information available and the dynamics in negotiation. I base these observations on my review of law school negotiation texts in a forthcoming article as well as general conversations with colleagues. I think that this...
November 4, 2014
We often think of negotiation as a distinct and climactic phase of a dispute. Interactions leading up to the final settlement event are often considered merely as preparation, if that. In litigated cases, we often ignore the litigation as if it was largely irrelevant to the information available and the dynamics in negotiation. I base these observations on my review of law school negotiation texts in a forthcoming article as well as general conversations with colleagues. I think that this...
To Puff or Not to Puff . . . (or When and How to Puff)
November 3, 2014
I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.” Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms of scrupulous honesty that were universally followed, that’s never gonna happen. I’m no expert on moral philosophy or the social psychology of lying, but I think that most people probably believe that some misrepresentation is acceptable...
November 3, 2014
I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.” Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms of scrupulous honesty that were universally followed, that’s never gonna happen. I’m no expert on moral philosophy or the social psychology of lying, but I think that most people probably believe that some misrepresentation is acceptable...
In Business Negotiations, Eat Before You Negotiate
October 23, 2014
In business negotiations, “hunger gains” may backfire When preparing for your next business negotiation, you may want to strategize not only about what you’ll put on the bargaining table, but also how much food you’ll put in your belly beforehand. That’s the message of new research that Cornell University professor Emily Zitek and Dartmouth College professor Alexander Jordan presented at the annual meetings of the Academy of Management in August. In two experiments, the researchers...
October 23, 2014
In business negotiations, “hunger gains” may backfire When preparing for your next business negotiation, you may want to strategize not only about what you’ll put on the bargaining table, but also how much food you’ll put in your belly beforehand. That’s the message of new research that Cornell University professor Emily Zitek and Dartmouth College professor Alexander Jordan presented at the annual meetings of the Academy of Management in August. In two experiments, the researchers...
