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Negotiation
When Imperfect is Good Enough
November 13, 2013
Striving for perfection is a lauded goal in society. Professional athletes who spend endless hours perfecting their technique are often the ones signing the huge contracts and getting on the covers of Wheaties boxes. The students who get straight A’s are the ones speaking at graduation. You won’t get a Nobel prize for so-so contributions to science. But when it comes to negotiations, there is no such thing as the perfect deal or settlement. If your idea of the perfect lawsuit settlement...
November 13, 2013
Striving for perfection is a lauded goal in society. Professional athletes who spend endless hours perfecting their technique are often the ones signing the huge contracts and getting on the covers of Wheaties boxes. The students who get straight A’s are the ones speaking at graduation. You won’t get a Nobel prize for so-so contributions to science. But when it comes to negotiations, there is no such thing as the perfect deal or settlement. If your idea of the perfect lawsuit settlement...
What to Do When Negotiation Turns to Squabbling
November 5, 2013
Negotiators—whether politicians or homebuyers—begin with bold concessions which rapidly shrink the gulf between opposing sides. But like curves approaching an asymptote in geometry, as they near an agreement they level off and struggle to bridge the final, though trivial, gap. The effect of their ongoing quarreling is that, by the end, their motivating goal is not so much to strike a deal or make a sale as to make the other side yield, on no matter how minor a point. The fact of winning a concession...
November 5, 2013
Negotiators—whether politicians or homebuyers—begin with bold concessions which rapidly shrink the gulf between opposing sides. But like curves approaching an asymptote in geometry, as they near an agreement they level off and struggle to bridge the final, though trivial, gap. The effect of their ongoing quarreling is that, by the end, their motivating goal is not so much to strike a deal or make a sale as to make the other side yield, on no matter how minor a point. The fact of winning a concession...
Attorneys and Negotiation Ethics: A Material Misunderstanding?
October 30, 2013
Attorney negotiation ethics is a timeless topic as evidenced in a recent contribution from Peter Reilly (Texas A&M), Andrea, and me entitled, Attorneys and Negotiation Ethics: A Material Misunderstanding? 29 Negotiation J. 265 (2013), (on SSRN and available for download here). The paper discusses the common themes across our various empirical work on the subject, and is the result of a presentation we made at the ABA DR Section Conference a couple of years ago. Thanks to my coauthors...
October 30, 2013
Attorney negotiation ethics is a timeless topic as evidenced in a recent contribution from Peter Reilly (Texas A&M), Andrea, and me entitled, Attorneys and Negotiation Ethics: A Material Misunderstanding? 29 Negotiation J. 265 (2013), (on SSRN and available for download here). The paper discusses the common themes across our various empirical work on the subject, and is the result of a presentation we made at the ABA DR Section Conference a couple of years ago. Thanks to my coauthors...
Body Language, Negotiation & Haggling
October 18, 2013
Of course nonverbal communication communication has a role in every interaction, we all know that, right? Demetria Gallegos of the Wall Street Journal explores the "art" of haggling during a recent trip to a medieval fair. She reflects on how due to a lack of haggling, her piece of the pie was smaller (yes- pun intended for those who get that joke). While reading this article, it shows how we really are (or are not) negotiating numerous times on a daily basis. Also, those that are good...
October 18, 2013
Of course nonverbal communication communication has a role in every interaction, we all know that, right? Demetria Gallegos of the Wall Street Journal explores the "art" of haggling during a recent trip to a medieval fair. She reflects on how due to a lack of haggling, her piece of the pie was smaller (yes- pun intended for those who get that joke). While reading this article, it shows how we really are (or are not) negotiating numerous times on a daily basis. Also, those that are good...
Developing Strategies for Asking Questions in Negotiation
October 15, 2013
Although negotiation writers often advise negotiators to have a strategy for asking their counterparts questions, the negotiation literature does not currently provide a detailed discussion of how to develop a strategy for asking questions in negotiation. This essay begins that discussion. In doing so, it draws from such disciplines as logic, linguistics, and cognitive psychology, in which the act of questioning has been examined with the goal of developing theory. This article also draws from such...
October 15, 2013
Although negotiation writers often advise negotiators to have a strategy for asking their counterparts questions, the negotiation literature does not currently provide a detailed discussion of how to develop a strategy for asking questions in negotiation. This essay begins that discussion. In doing so, it draws from such disciplines as logic, linguistics, and cognitive psychology, in which the act of questioning has been examined with the goal of developing theory. This article also draws from such...
The Argument As A Persuasive Tool In Negotiation
October 14, 2013
There is a famous sketch by Monty Python in which the lead character (Michael Palin) is looking to buy a five-minute argument. He walks into an office where the receptionist offers him some options. One of the options involves a person who is too conciliatory. She decides that there is a good argument available and directs him to a private room where another character swears at him and basically terrorizes him with “abuse.” Palin complains, indicating he was looking for an argument. The abuser...
October 14, 2013
There is a famous sketch by Monty Python in which the lead character (Michael Palin) is looking to buy a five-minute argument. He walks into an office where the receptionist offers him some options. One of the options involves a person who is too conciliatory. She decides that there is a good argument available and directs him to a private room where another character swears at him and basically terrorizes him with “abuse.” Palin complains, indicating he was looking for an argument. The abuser...
Straus Institute Co-Sponsors “Women in Hollywood: 100 Years of Negotiating the System”
September 28, 2013
Women have played important roles in the entertainment industry from its earliest days, achieving success as artists and attaining leadership positions in the industry. Yet significant challenges still exist. Women in Hollywood: 100 Years of Negotiating the System, to be held November 15-16, 2013, will address the issues facing women individually and collectively in the entertainment industry. Online registration is available on the Women in Hollywood website. "Women in creative, business,...
September 28, 2013
Women have played important roles in the entertainment industry from its earliest days, achieving success as artists and attaining leadership positions in the industry. Yet significant challenges still exist. Women in Hollywood: 100 Years of Negotiating the System, to be held November 15-16, 2013, will address the issues facing women individually and collectively in the entertainment industry. Online registration is available on the Women in Hollywood website. "Women in creative, business,...
The Smartest Negotiators in the Room Warn Us Not to Make the 5 Top Business Bargaining Boo Boos
September 26, 2013
In a special free report from the Program on Negotiation at Harvard Law School, the smartest negotiatiators in the room...
September 26, 2013
In a special free report from the Program on Negotiation at Harvard Law School, the smartest negotiatiators in the room...
Body Language and Negotiations, Men and Women
September 21, 2013
You want to negotiate the best deal for your client. Negotiations in person are more than position taking, reasoning and compromise. What’s important is not only what’s communicated, but how it’s communicated. You want to ‘read’ the other attorney and party as best you can, to get the best agreement for your client. There are well known body language messages. Is the person crossing their arms, in a defensive posture? Are their eyes scanning the room, seemingly bored and uninterested...
September 21, 2013
You want to negotiate the best deal for your client. Negotiations in person are more than position taking, reasoning and compromise. What’s important is not only what’s communicated, but how it’s communicated. You want to ‘read’ the other attorney and party as best you can, to get the best agreement for your client. There are well known body language messages. Is the person crossing their arms, in a defensive posture? Are their eyes scanning the room, seemingly bored and uninterested...
Court Approves Facebook Class Settlement, Shaves Attorney Fees
September 2, 2013
U.S. District Judge Richard Seeborg rejected plaintiffs' contention that injunctive relief should be factored into fee award.
September 2, 2013
U.S. District Judge Richard Seeborg rejected plaintiffs' contention that injunctive relief should be factored into fee award.
