Menu
Negotiation
What Neuroscience Can Teach Us About Settlement Negotiations
June 17, 2013
There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
June 17, 2013
There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
Supreme Court Affirms Liability of SIGA Technologies to PharmAthene Based on Failure to Negotiate in Good Faith
June 14, 2013
SIGA Technologies, Inc. v. PharmAthene, Inc., Del. Supr., No. 314, 2012 (May 24, 2013). This Delaware Supreme Court decision was the subject of a BloombergBusinessweek article on Sunday, May 26. The Court of Chancery’s opinion was highlighted on these pages at this link. Also, several other prior Chancery decisions in this case were also outlined on these pages. Issue Addressed: Is an agreement to negotiate in good faith in accordance with a term sheet an enforceable obligation? Short...
June 14, 2013
SIGA Technologies, Inc. v. PharmAthene, Inc., Del. Supr., No. 314, 2012 (May 24, 2013). This Delaware Supreme Court decision was the subject of a BloombergBusinessweek article on Sunday, May 26. The Court of Chancery’s opinion was highlighted on these pages at this link. Also, several other prior Chancery decisions in this case were also outlined on these pages. Issue Addressed: Is an agreement to negotiate in good faith in accordance with a term sheet an enforceable obligation? Short...
Chinese Negotiation
June 7, 2013
The second student paper addresses negotiation in China. The author, Justin Shain, lived in China for a period. What makes this paper so appealing is the ease and authority with which various strains of the robust Chinese culture are woven into a clear and useful piece of guidance for the business person and counsel. How to Successfully Negotiate in an Ever-changing Chinese Business Culture Justin Shain INTRODUCTION As the ancient Chinese military general and strategist, Sun Tzu, wisely...
June 7, 2013
The second student paper addresses negotiation in China. The author, Justin Shain, lived in China for a period. What makes this paper so appealing is the ease and authority with which various strains of the robust Chinese culture are woven into a clear and useful piece of guidance for the business person and counsel. How to Successfully Negotiate in an Ever-changing Chinese Business Culture Justin Shain INTRODUCTION As the ancient Chinese military general and strategist, Sun Tzu, wisely...
Ramblings from A Neuro-Linguist: Putting Descartes Before The Horse
June 7, 2013
[Author's Warning: This entry involves references to and discussions about the system of Cartesian Coordinates and how it might assist mediators in reality testing and reframing. Readers with a Math Phobia are advised to proceed with cautious abandonment.] [Author’s postscript: As I finish writing this, it becomes increasingly clear to me that some readers may find the ideas in this entry, if not a bit bizarre, then certainly off the wall. I promise next month, I will write something a little...
June 7, 2013
[Author's Warning: This entry involves references to and discussions about the system of Cartesian Coordinates and how it might assist mediators in reality testing and reframing. Readers with a Math Phobia are advised to proceed with cautious abandonment.] [Author’s postscript: As I finish writing this, it becomes increasingly clear to me that some readers may find the ideas in this entry, if not a bit bizarre, then certainly off the wall. I promise next month, I will write something a little...
Is there an App for that?
June 6, 2013
Just remember – you heard it here first: we are witnesses to the birth and education of a new species (or sub-species):...
June 6, 2013
Just remember – you heard it here first: we are witnesses to the birth and education of a new species (or sub-species):...
Are Men Bad Negotiators?
June 6, 2013
We've been talking about women's negotiation deficits for so long that we've completely neglected the men. This post is an attempt to cure that omission. Listen guys! We care about you. And we'd like to help you with your negotiation problem. But let's start where we've been for the past ten years ever since Linda Babcock of theHeinz Negotiation Academy for Women published Women Don't Ask. In Speaking Out About Women And Power, U.C. Berkeley Psychology Professor Tania Lombrozo describes...
June 6, 2013
We've been talking about women's negotiation deficits for so long that we've completely neglected the men. This post is an attempt to cure that omission. Listen guys! We care about you. And we'd like to help you with your negotiation problem. But let's start where we've been for the past ten years ever since Linda Babcock of theHeinz Negotiation Academy for Women published Women Don't Ask. In Speaking Out About Women And Power, U.C. Berkeley Psychology Professor Tania Lombrozo describes...
Negotiation As Improv From the Harvard Program on Negotiation
June 5, 2013
My business partner,Lisa Gates, is an actor and improv artist as well as a negotiation consultant and adult learning specialist....
June 5, 2013
My business partner,Lisa Gates, is an actor and improv artist as well as a negotiation consultant and adult learning specialist....
Early Case Analysis and Planned Negotiation
June 5, 2013
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the decision-maker within the client in a position to make an informed choice on how the matter will proceed, driven by business — not legal – objectives. The...
June 5, 2013
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the decision-maker within the client in a position to make an informed choice on how the matter will proceed, driven by business — not legal – objectives. The...
Legal Loop: The Latest in Android Apps for Lawyers
June 3, 2013
A while ago I wrote an article that focused on resources for Android-toting lawyers and promised that I’d follow up with...
June 3, 2013
A while ago I wrote an article that focused on resources for Android-toting lawyers and promised that I’d follow up with...
10 Reasons To Negotiate Instead Of Suing The Bastards
June 3, 2013
Now more than ever. Mediation Awareness Week. See the televised event by clicking on the image and begin at the 57-minute mark. Ten Reasons To Negotiate Resolution 1. The Los Angeles Superior Court has closed four court houses and dozens of court rooms. 2. Time is literally money (see the time value of money). 3. The law (and your lawyer) only care about relevant facts - the most important part of your dispute may well not even be addressed, let alone resolved, by a jury verdict...
June 3, 2013
Now more than ever. Mediation Awareness Week. See the televised event by clicking on the image and begin at the 57-minute mark. Ten Reasons To Negotiate Resolution 1. The Los Angeles Superior Court has closed four court houses and dozens of court rooms. 2. Time is literally money (see the time value of money). 3. The law (and your lawyer) only care about relevant facts - the most important part of your dispute may well not even be addressed, let alone resolved, by a jury verdict...
