Menu
Negotiation
Productive Ambition
March 26, 2018
When you set out to negotiate with someone, how do you evaluate what you’re really trying to achieve? Is it an unfocused want; something better than your BATNA; or anything you can get that’s above your reservation price? Schneider analyzes research showing that a conscious choice of goal helps you come out with more. Four keys to this are “making your reach a little longer than your arm”; setting goals you can justify in public without laughing or lying; making them specific; and paying...
March 26, 2018
When you set out to negotiate with someone, how do you evaluate what you’re really trying to achieve? Is it an unfocused want; something better than your BATNA; or anything you can get that’s above your reservation price? Schneider analyzes research showing that a conscious choice of goal helps you come out with more. Four keys to this are “making your reach a little longer than your arm”; setting goals you can justify in public without laughing or lying; making them specific; and paying...
Negotiation Via Text Messaging
March 22, 2018
Noam Ebner, Professor of Negotiation and Conflict Resolution at Creighton University Graduate School’s Department of Interdisciplinary Studies, has written a timely book chapter titled, “Negotiation Via Text Messaging,” in Honeyman, C. & Schneider, A.K. (eds.) The Negotiator’s Desk Reference. St Paul: DRI Press. In his publication, Professor Ebner addresses potential pitfalls and benefits related to using text messaging in order to conduct certain negotiations. Here is the abstract: “Never!”...
March 22, 2018
Noam Ebner, Professor of Negotiation and Conflict Resolution at Creighton University Graduate School’s Department of Interdisciplinary Studies, has written a timely book chapter titled, “Negotiation Via Text Messaging,” in Honeyman, C. & Schneider, A.K. (eds.) The Negotiator’s Desk Reference. St Paul: DRI Press. In his publication, Professor Ebner addresses potential pitfalls and benefits related to using text messaging in order to conduct certain negotiations. Here is the abstract: “Never!”...
Top 10 Claims Trends That Will Affect 2018
February 22, 2018
2017 will be remembered as the landmark year for digital transformation of claims processing within the property/casualty insurance industry. After all, it was the year we saw the use of drones for home roof inspections, auto appraisals via photos, customer video chat and bots used in claims processing. While many of these solutions have been topics of discussion in the industry for quite some time, insurers began to implement them in earnest through new technology during 2017. Here’s a deeper...
February 22, 2018
2017 will be remembered as the landmark year for digital transformation of claims processing within the property/casualty insurance industry. After all, it was the year we saw the use of drones for home roof inspections, auto appraisals via photos, customer video chat and bots used in claims processing. While many of these solutions have been topics of discussion in the industry for quite some time, insurers began to implement them in earnest through new technology during 2017. Here’s a deeper...
Court Declares a Settlement Week to Clear Old Caseload
January 25, 2018
The Western District Court of New York is one of the most congested courts in the country, receiving over 3,000 filings annually with individual judges’ caseloads at nearly 800. To reduce a long backlog of unresolved lawsuits, Chief Judge Frank P. Geraci, Jr., revived a mediation strategy not used by the court since 1995: a settlement week. The idea of a settlement week is simple, a court designates a week to bring civil litigants and mediators into the courthouse to resolve their disputes,...
January 25, 2018
The Western District Court of New York is one of the most congested courts in the country, receiving over 3,000 filings annually with individual judges’ caseloads at nearly 800. To reduce a long backlog of unresolved lawsuits, Chief Judge Frank P. Geraci, Jr., revived a mediation strategy not used by the court since 1995: a settlement week. The idea of a settlement week is simple, a court designates a week to bring civil litigants and mediators into the courthouse to resolve their disputes,...
The Most Overused Negotiating Tactic Is Threatening to Walk Away
January 24, 2018
Professional negotiators and researchers alike hail the BATNA (Best Alternative to a Negotiated Agreement, or “walk away” outcome) as a negotiator’s primary source of relative power. But relying on even the best of alternatives as leverage can be tricky business. Your relative power in a negotiation is your capacity to use resources to influence another’s circumstances; and a BATNA’s role in that regard can range anywhere from significant to non-existent. Consider the obvious challenge...
January 24, 2018
Professional negotiators and researchers alike hail the BATNA (Best Alternative to a Negotiated Agreement, or “walk away” outcome) as a negotiator’s primary source of relative power. But relying on even the best of alternatives as leverage can be tricky business. Your relative power in a negotiation is your capacity to use resources to influence another’s circumstances; and a BATNA’s role in that regard can range anywhere from significant to non-existent. Consider the obvious challenge...
Mosten and Scully’s New Book on Unbundled Legal Services
January 14, 2018
What is Unbundling and Why is it Important? Unbundling goes by many names, including “limited scope legal services.” ...
January 14, 2018
What is Unbundling and Why is it Important? Unbundling goes by many names, including “limited scope legal services.” ...
Disclosure Rules in Contract Law
January 11, 2018
How does the prospect of sale affect the seller’s incentive to investigate — to acquire socially valuable information about the asset? How do the disclosure rules of contract law influence the investigation decision? Shavell (1994) showed that, if sellers and buyers are symmetrically informed, at the pre-investigation stage, then a mandatory disclosure rule leads to a first-best outcome, and a voluntary disclosure rule leads to a suboptimal outcome. But in many real-world cases owners of assets...
January 11, 2018
How does the prospect of sale affect the seller’s incentive to investigate — to acquire socially valuable information about the asset? How do the disclosure rules of contract law influence the investigation decision? Shavell (1994) showed that, if sellers and buyers are symmetrically informed, at the pre-investigation stage, then a mandatory disclosure rule leads to a first-best outcome, and a voluntary disclosure rule leads to a suboptimal outcome. But in many real-world cases owners of assets...
Lande on Negotiation Theory
January 10, 2018
John Lande (University of Missouri School of Law) has posted Taming the Jungle of Negotiation Theories (First published in The Negotiator's Desk Reference (Chris Honeyman & Andrea Kupfer Schneider, eds. DRI Press 2017)) on SSRN. Here is the abstract: To identify the range of issues covered in negotiation theory, this chapter surveys negotiation texts from various disciplines including law, business, economics, labor, international relations, and social sciences. This chapter demonstrates...
January 10, 2018
John Lande (University of Missouri School of Law) has posted Taming the Jungle of Negotiation Theories (First published in The Negotiator's Desk Reference (Chris Honeyman & Andrea Kupfer Schneider, eds. DRI Press 2017)) on SSRN. Here is the abstract: To identify the range of issues covered in negotiation theory, this chapter surveys negotiation texts from various disciplines including law, business, economics, labor, international relations, and social sciences. This chapter demonstrates...
Conflict Resolution by the Numbers
January 10, 2018
This essay of memorial appreciation of mathematician, game theorist, decision scientist and negotiation analyst Harvard professor Howard Raiffa explores some of Raiffa’s contributions to multi-party negotiations, as the number of negotiators (N …) and issues affect process choices in structuring negotiation. Howard Raiffa was an intellectual giant and a wise and kind man who influenced many decision scientists, negotiators, academics in many fields and practitioners of the art and science of decision...
January 10, 2018
This essay of memorial appreciation of mathematician, game theorist, decision scientist and negotiation analyst Harvard professor Howard Raiffa explores some of Raiffa’s contributions to multi-party negotiations, as the number of negotiators (N …) and issues affect process choices in structuring negotiation. Howard Raiffa was an intellectual giant and a wise and kind man who influenced many decision scientists, negotiators, academics in many fields and practitioners of the art and science of decision...
How to Be Healthier, Happier and More Productive: It’s All in the Timing
January 1, 2018
When is the best time to exercise or do creative work? Research on the science of timing has answers You’re probably getting ready to make a few New Year’s resolutions, solemn promises to yourself to behave better in 2018. You might have pondered how you’re going to accomplish those goals, who could help you and why you need to change. But if you’re like most people—and social science suggests that you and I are like most people—you’ve neglected a question that could help you actually...
January 1, 2018
When is the best time to exercise or do creative work? Research on the science of timing has answers You’re probably getting ready to make a few New Year’s resolutions, solemn promises to yourself to behave better in 2018. You might have pondered how you’re going to accomplish those goals, who could help you and why you need to change. But if you’re like most people—and social science suggests that you and I are like most people—you’ve neglected a question that could help you actually...
