Calculating your and your opponents best alternative to a negotiated agreement is valuable but beware the pitfalls. The use of math does not make it science.
Offers in mediation are too often approached with all the coyness of gauche teenagers at a school dance (acknowledging that this metaphor may reveal too much about my own youth!). It need not be like this. Here are some thoughts to ease the pain.
To become a better negotiator, become a better listener! Here are some suggestions to improve your listening skills. First, shut up …
Does the “Why” Matter? As lawyers we are trained to discover the facts of a dispute and apply the law to those facts. Lawyers are good at uncovering the what, when, where, who, and how
E-Mail communications are fraught with dangers not present in face-to-face or telephone communications. Human beings are programmed to communicate with more than just words. Take the example of a simple apology. When you offer or
This article explores how the well-known cognitive bias called anchoring can affect a negotiation and how to use it to advantage.
Helping parties face forward and ignore the sunk costs and past slights that lead to a dispute is an important part of the mediator’s job.
Many lawyers in the US and other countries undoubtedly have similar experiences. Legal clients often experience intense stress in the litigation process.
Whatever you think of Elon Musk’s many Twitter scandals, sometimes odd public utterances, and past tax bills, one thing is for sure. The guy is clearly able to achieve the near impossible when it comes to engineering and innovation. It’s a skill he himself attributes to clear thinking.
I want to share a story I found in Professor Adam Grant’s book “Think Again.” The book is about the “skill” of re-thinking — critically and objectively evaluating — what we believe. To illustrate how
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