The Art & Science of Receiving Feedback
Learning to give and receive feedback is a valuable tool for negotiators. How defensive are you?
Learning to give and receive feedback is a valuable tool for negotiators. How defensive are you?
The article provides some valuable tips to avoid impasse in mediation and achieve resolution.
A recent study suggests that making multiple equivalent simultaneous offers leads to better outcomes in business negotiations.
Can Ted Lasso make you a better negotiator? This post provides a lesson on the importance of being curious. Genuine curiosity will make you a better negotiator.
Although negotiators must display confidence — real or feigned — arrogance is counterproductive. Learn why in this article.
Negotiating the Impossible provides insights from the resolution of some of the most intractable conflicts in history. In this introduction and articles to follow, we explore the lessons we can learn from them.
Listening — understanding — the other side may be the most important negotiation skill. It is difficult to be a good listener when you are talking. But silence has other benefits discussed in this article.
A significant step in preparing for mediation, or any negotiation, is the calculation of the party’s Best Alternative to a Negotiated Agreement (“BATNA”). Most lawyers I work with have had a discussion with their client about the alternatives to settlement. In this blog and in my paper on preparation (downloadable here), I urge counsel to apply this concept not only to your BATNA but also to the other side’s position, even if you cannot know their perceived BATNA. Recently, I read a fantastic article by UK-based mediator Bruce Greig explaining what Nassim Nicholas Taleb called the Ludic Fallacy in his book “The Black Swan.” According to Taleb, the Ludic Fallacy is the “the misuse of games to model real-life situations.” In his article Greig explains how to make mathematical models of risk assessment but also the pitfalls of too heavy a reliance on those models. The article is worth reading
Kluwer’s Mediation Blog recently published one of the best articles I have read on negotiating in mediation by Bill Marsh, a London based international mediator. The article is entitled Offers in Mediation, Busting the Myths,” is a quick read, and is absolutely worth your time. Click below to go to the article. Offers in Mediation, Busting the Myths The first two points relate to the start of a negotiation and although the article does not use the term anchoring, Marsh’s advice could easily fit within the value this blog has placed on anchoring the negotiation. There is no weakness in going first and if you know where you want to end up, there is value in setting the expectations. An opening offer that has a clearly defined rationale increases the likelihood that the offer will have the desired anchoring affect. I wrote about anchoring here. This won’t be the last
We have this stereotype of good salespeople as being smooth talkers but real professionals know that the key to better sales results is better listening. It is said that hearing is physical but listening is mental. Hearing is physical but listening is mental! But can you become a better listener? If my experience is any guide, the answer is emphatically yes! Here are some ideas for becoming a better listener. In a short, but interesting article titled “How to Become a Better Listener According to Science,” Organizational Psychologist Dr. Tomas Chamorro-Premuzik, provides a very simple formula: Shut up Listen Repeat Obviously a little pithy but there is a lot to be said for this simple formula. Convincing someone else of your position in an adversarial setting like mediation, demands that you not only understand their position but that they believe you understand their position. So, how do you become a
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