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
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.
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
The Harvard Program on Negotiations (“PON”) recently published an article describing some interesting tools that should be considered in multi-party dispute resolution settings. The article describes some of the tactics used at the U.N. Climate
In virtually every mediation that bogs down, I am asked about the use of brackets. Brackets have their place but to state the obvious: the use of brackets will not change parties’ calculation of their
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