A Guide to Arrogance in Negotiation and How to Avoid It
December 3, 2023
Although negotiators must display confidence — real or feigned — arrogance is counterproductive. Learn why in this article.
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Negotiating the Impossible
February 19, 2023
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.
Silence As A Negotiating Tool
September 22, 2022
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.
Mathematical Assessment of Risk and Its Shortcomings: The Ludic Fallacy
June 3, 2022
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
How to Make Offers in Mediation
May 30, 2022
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.
To Become A Better Negotiator, Become A Better Listener
May 24, 2022
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.
Why? And Why Not?
May 3, 2022
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
Do You Negotiate Over E-Mail?
April 24, 2022
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
Effective Use of the Anchoring Bias In Negotiation
January 16, 2022
In mediation, like all negotiations, there is often a reluctance to be the first to set out a number, whether that is an offer or
Science Says Get Out of Your Dead-End Relationship
January 15, 2022
In spite of the headline this blog is not suddenly offering relationship advice. Sadly, I see insights into negotiation and mediation everywhere. That must be
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