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Negotiation
5 Habits to Develop Mental Toughness
March 9, 2019
Let’s talk mental toughness. Three questions: 1. Is it an essential quality of an effective lawyer? A recent series of books...
March 9, 2019
Let’s talk mental toughness. Three questions: 1. Is it an essential quality of an effective lawyer? A recent series of books...
The Wired Negotiator: Using Technology in Negotiation
February 5, 2019
Everyone negotiates everyday. How we negotiate is changing dramatically due to the use of various technological tools. People...
February 5, 2019
Everyone negotiates everyday. How we negotiate is changing dramatically due to the use of various technological tools. People...
Updated Examples of Negotiation Theory
January 27, 2019
The stalemate in Washington D.C. has numerous pundits commenting on the negotiation strategies of the primary actors but I am going to just highlight a few from our colleagues. First, Russell Korobkin accurately predicted how the LA strike might end while the federal shutdown would not in his L.A. Times Op-ed last week. As he noted, If deals favoring either side of these disputes would be better for both than no deal at all, why are L.A. teachers on picket lines and national park rangers...
January 27, 2019
The stalemate in Washington D.C. has numerous pundits commenting on the negotiation strategies of the primary actors but I am going to just highlight a few from our colleagues. First, Russell Korobkin accurately predicted how the LA strike might end while the federal shutdown would not in his L.A. Times Op-ed last week. As he noted, If deals favoring either side of these disputes would be better for both than no deal at all, why are L.A. teachers on picket lines and national park rangers...
The Eight Big Negotiation Mistakes that Entrepreneurs Make
November 6, 2018
Entrepreneurs, whose job is to transform ideas into new products or services for which there is a market, pride themselves on creating disruption and driving innovation. But they often fumble key interactions because they don't know how to handle the negotiation challenges that almost always arise. Entrepreneurship typically entails a series of interactions between founders, partners, potential partners, investors, and others at various stages of the entrepreneurial process – from the “seed”...
November 6, 2018
Entrepreneurs, whose job is to transform ideas into new products or services for which there is a market, pride themselves on creating disruption and driving innovation. But they often fumble key interactions because they don't know how to handle the negotiation challenges that almost always arise. Entrepreneurship typically entails a series of interactions between founders, partners, potential partners, investors, and others at various stages of the entrepreneurial process – from the “seed”...
Conflict-Averse Doesn’t Mean Negotiation-Averse
August 28, 2018
When I explained my struggles to Dr. Babcock, her immediate response was: “Why are you thinking of a negotiation as a conflict?” She added that a negotiation should be a conversation, not a confrontation. “If you see it as a conflict, and you’re conflict-averse and avoid it, that’s not going to serve you well,” she said. “Try seeing it as a conversation that needs to be managed.” Plus, unlike a true, every-person-for-themselves conflict, when done properly, both parties get what...
August 28, 2018
When I explained my struggles to Dr. Babcock, her immediate response was: “Why are you thinking of a negotiation as a conflict?” She added that a negotiation should be a conversation, not a confrontation. “If you see it as a conflict, and you’re conflict-averse and avoid it, that’s not going to serve you well,” she said. “Try seeing it as a conversation that needs to be managed.” Plus, unlike a true, every-person-for-themselves conflict, when done properly, both parties get what...
Rebouché on Collaborative Divorce
August 12, 2018
Rachel Rebouché (Temple University - James E. Beasley School of Law) has posted A Case Against Collaboration (76 Md. L. Rev. 547 (2017)) on SSRN. Here is the abstract: In family law, as in other legal disciplines, the use of alternative dispute resolution has dramatically increased. In a process called collaborative divorce, separating spouses hire attorneys who agree to work together — almost entirely outside of the court system — to reach a settlement ending the marriage. A team of experts,...
August 12, 2018
Rachel Rebouché (Temple University - James E. Beasley School of Law) has posted A Case Against Collaboration (76 Md. L. Rev. 547 (2017)) on SSRN. Here is the abstract: In family law, as in other legal disciplines, the use of alternative dispute resolution has dramatically increased. In a process called collaborative divorce, separating spouses hire attorneys who agree to work together — almost entirely outside of the court system — to reach a settlement ending the marriage. A team of experts,...
Getting Out of the Way of A Settlement
July 20, 2018
Non-compete cases that are well lawyered should be resolved early in the litigation process. Why do I say that? If the plaintiff is an aggressive former employer it will in most instances move for a temporary restraining order followed by an application for a temporary injunction in Texas state court. In that process a lot of things can happen. First, the parties will have appeared before a judge and gotten a flavor for how the judge will rule and what the judge thinks of each parties’...
July 20, 2018
Non-compete cases that are well lawyered should be resolved early in the litigation process. Why do I say that? If the plaintiff is an aggressive former employer it will in most instances move for a temporary restraining order followed by an application for a temporary injunction in Texas state court. In that process a lot of things can happen. First, the parties will have appeared before a judge and gotten a flavor for how the judge will rule and what the judge thinks of each parties’...
The Amazing Ways Exercise Changes Your Personality
July 8, 2018
Being more physically active makes people more extraverted, conscientious, agreeable and open to new experience, new research finds. A few of the benefits of these personality changes include: Higher conscientiousness is linked to more success in life, more extraverted people experience more positive emotions, and being open to experience is linked to creativity and intelligence.
July 8, 2018
Being more physically active makes people more extraverted, conscientious, agreeable and open to new experience, new research finds. A few of the benefits of these personality changes include: Higher conscientiousness is linked to more success in life, more extraverted people experience more positive emotions, and being open to experience is linked to creativity and intelligence.
Body Language Can Speak Volumes About You
June 20, 2018
Persuasive speakers and influencers know that communication is not only about what you say, but how your nonverbal, body language expresses your intentions and emotions. Someone’s words may say one thing, but their body language may signal something different. Being mindful about body language can help you clearly communicate your message and lessen the risk of being misunderstood in your communication, relationships, and negotiations. An article from Lifehack highlights...
June 20, 2018
Persuasive speakers and influencers know that communication is not only about what you say, but how your nonverbal, body language expresses your intentions and emotions. Someone’s words may say one thing, but their body language may signal something different. Being mindful about body language can help you clearly communicate your message and lessen the risk of being misunderstood in your communication, relationships, and negotiations. An article from Lifehack highlights...
Preventing Bad Settlement Decisions and Impasse: Using Brain Science, Game Theory, Animated Communication and Micro-Interventions
June 12, 2018
Faculty: Douglas Noll and Don Philbin Please note: This is a high level, advanced course for those engaged in the mediation of litigated disputes, whether as advocates or mediators.The fact patterns of this course will be familiar to the experienced mediator and trial advocate in negotiation: difficult people, heightened emotions, overly confident case assessments, deeply held beliefs, barriers to rational deals.We will explore the neuropsychology behind these defining characteristics and the mediator...
June 12, 2018
Faculty: Douglas Noll and Don Philbin Please note: This is a high level, advanced course for those engaged in the mediation of litigated disputes, whether as advocates or mediators.The fact patterns of this course will be familiar to the experienced mediator and trial advocate in negotiation: difficult people, heightened emotions, overly confident case assessments, deeply held beliefs, barriers to rational deals.We will explore the neuropsychology behind these defining characteristics and the mediator...
