Menu
Negotiation
Negotiations Falling Apart =/= a Breach of Contract
October 18, 2017
If you, like me, just taught about letters of intent and also promissory estoppel, then here's a case with both for you, out of the District of Minnesota, City Center Realty Partners v. Macy's Retail Holdings, Civil No. 17-CV-528 (SRN/TNL). (The decision is behind a paywall, but you can read about the background of the lawsuit here.) The parties were negotiating a sale of Macy's property in Minneapolis and had executed a Letter of Intent before (predictably, since we're in court) the deal fell...
October 18, 2017
If you, like me, just taught about letters of intent and also promissory estoppel, then here's a case with both for you, out of the District of Minnesota, City Center Realty Partners v. Macy's Retail Holdings, Civil No. 17-CV-528 (SRN/TNL). (The decision is behind a paywall, but you can read about the background of the lawsuit here.) The parties were negotiating a sale of Macy's property in Minneapolis and had executed a Letter of Intent before (predictably, since we're in court) the deal fell...
Negotiation Via Videoconferencing
October 13, 2017
Professor Noam Ebner, Creighton University School of Law, has written a book chapter titled, “Negotiation Via Videoconferencing,” in Honeyman, C. & Schneider, A.K. (eds.) The Negotiator’s Desk Reference. St Paul: DRI Press, Forthcoming. In his book chapter, Professor Ebner examines a variety of considerations related to engaging in negotiations using video conferencing technology. Here is the abstract: This chapter addresses a tool which has crept up on negotiators. Videoconferencing...
October 13, 2017
Professor Noam Ebner, Creighton University School of Law, has written a book chapter titled, “Negotiation Via Videoconferencing,” in Honeyman, C. & Schneider, A.K. (eds.) The Negotiator’s Desk Reference. St Paul: DRI Press, Forthcoming. In his book chapter, Professor Ebner examines a variety of considerations related to engaging in negotiations using video conferencing technology. Here is the abstract: This chapter addresses a tool which has crept up on negotiators. Videoconferencing...
How Artificial Intelligence Could Negotiate Better Deals for Humans
September 14, 2017
You may know the art of the deal, but there’s a science to it, too. And artificial intelligence is beginning to learn...
September 14, 2017
You may know the art of the deal, but there’s a science to it, too. And artificial intelligence is beginning to learn...
Chatbots Who Negotiate
July 24, 2017
Facebook has apparently been developing chat bots that negotiate. This article in The Atlantic focuses on the bots creation of their own language. And here’s the Facebook report on training the bots in negotiations. There’s a struggle going on between negotiating like “humans” (more prone to accepting non-Pareto optimal solutions for the sake of appearing to compromise) and the more aggressive style the bots adopted for the sake of reaching optimal solutions: “A negative consequence...
July 24, 2017
Facebook has apparently been developing chat bots that negotiate. This article in The Atlantic focuses on the bots creation of their own language. And here’s the Facebook report on training the bots in negotiations. There’s a struggle going on between negotiating like “humans” (more prone to accepting non-Pareto optimal solutions for the sake of appearing to compromise) and the more aggressive style the bots adopted for the sake of reaching optimal solutions: “A negative consequence...
Does Small Talk in Negotiation Offer Big Gains?
July 19, 2017
According to conventional wisdom, small talk in negotiation builds rapport and gets both sides a better deal in the end. But in fact, the question of whether to engage in small talk can be highly context-specific. New York City investment bankers, for example, tend to be far less likely than Texas oil executives to engage in small talk at the outset of a negotiation. So, rather than adopting a blanket rule when deciding whether to engage in small talk in negotiation, be responsive to the context. Consider...
July 19, 2017
According to conventional wisdom, small talk in negotiation builds rapport and gets both sides a better deal in the end. But in fact, the question of whether to engage in small talk can be highly context-specific. New York City investment bankers, for example, tend to be far less likely than Texas oil executives to engage in small talk at the outset of a negotiation. So, rather than adopting a blanket rule when deciding whether to engage in small talk in negotiation, be responsive to the context. Consider...
How To Use Voice Pitch To Influence Others In Seconds
July 11, 2017
There is something about the voice which is effective in communicating status. Lowering the pitch of your voice in the first few seconds of an interaction can help you influence others, new research finds. Those who lowered their voice were also seen as more prestigious and admirable by their peers in the study.
July 11, 2017
There is something about the voice which is effective in communicating status. Lowering the pitch of your voice in the first few seconds of an interaction can help you influence others, new research finds. Those who lowered their voice were also seen as more prestigious and admirable by their peers in the study.
Here is a Condition Precedent
July 10, 2017
A recurring issue in contract litigation is whether a provision creates a “condition precedent” to the performance of other obligations. In Red Hook Communications I, LP v. On-Site Manager, Inc., the Fifth Circuit identified this provision as one that “plainly creates a condition precedent that both [parties] must comply with before either can bring suit (and thus, denying subject matter jurisdiction if it is not complied with): “[T]he Indemnifying Party and the Indemnified Party will, for a period...
July 10, 2017
A recurring issue in contract litigation is whether a provision creates a “condition precedent” to the performance of other obligations. In Red Hook Communications I, LP v. On-Site Manager, Inc., the Fifth Circuit identified this provision as one that “plainly creates a condition precedent that both [parties] must comply with before either can bring suit (and thus, denying subject matter jurisdiction if it is not complied with): “[T]he Indemnifying Party and the Indemnified Party will, for a period...
“Good Cop/Bad Cop“ When Negotiating
June 29, 2017
The reason encountering both a “good” and “bad” person could be more effective at negotiations instead of just a “good” person or a “bad” person is the psychological contrast effect. According to Bob Sutton, Professor of Management Science and Engineering and a Professor of Organizational Behavior at Stanford, this means that the impact of the carrots offered by the good cop seems that much sweeter and the sticks used by the bad cop harsher. Sutton says research shows that if this...
June 29, 2017
The reason encountering both a “good” and “bad” person could be more effective at negotiations instead of just a “good” person or a “bad” person is the psychological contrast effect. According to Bob Sutton, Professor of Management Science and Engineering and a Professor of Organizational Behavior at Stanford, this means that the impact of the carrots offered by the good cop seems that much sweeter and the sticks used by the bad cop harsher. Sutton says research shows that if this...
Don’t Go Overboard Trying to Be Nice in Negotiations
June 8, 2017
There is definite value to being seen as nice by your client, opposing party and counsel when it comes to negotiations. They should hopefully be nice back, and they may even open up and trust you more because of your nice behavior. But overly nice people could finish last. Instead, an article by Lifehacker suggests trying to be honest, polite, and assertive. Though there are benefits to being seen as nice, being too nice can be detrimental to you and those around...
June 8, 2017
There is definite value to being seen as nice by your client, opposing party and counsel when it comes to negotiations. They should hopefully be nice back, and they may even open up and trust you more because of your nice behavior. But overly nice people could finish last. Instead, an article by Lifehacker suggests trying to be honest, polite, and assertive. Though there are benefits to being seen as nice, being too nice can be detrimental to you and those around...
What Can I Do to Persuade Others?
June 7, 2017
Being persuasive is part of your job. Whether you’re trying to persuade your client on what they plan on doing is a really bad idea or trying to persuade another party that your client’s offer to settle is very fair and reasonable, you’re in the persuasion business. There are many things you can do to be more persuasive so others can appreciate the wisdom of your approach. Blogger Eric Barker has some suggestions after spending time with some New York Police Department (NYPD)...
June 7, 2017
Being persuasive is part of your job. Whether you’re trying to persuade your client on what they plan on doing is a really bad idea or trying to persuade another party that your client’s offer to settle is very fair and reasonable, you’re in the persuasion business. There are many things you can do to be more persuasive so others can appreciate the wisdom of your approach. Blogger Eric Barker has some suggestions after spending time with some New York Police Department (NYPD)...
