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
In my experience, apologies in business or civil litigation mediation are the exception not the rule. There may be good reasons for this but you should never underestimate the potential of a good apology for
Benjamin Franklin is credited with saying that “Necessity never made a good bargain!“ In his wonderful book, Practical Negotiating, Tom Gosselin contends that “In negotiating, power is a function of alternatives.” Gosselin is right,
One of the primary tenets of Roger Fisher and William Ury’s book “Getting to Yes” is that negotiations should focus on interests not positions, i.e., avoid positional bargaining. Positional bargaining takes place when each side
As a 49ers fan I have been intrigued by stories about the former head coach, Jim Harbaugh. His brother, Ravens coach John Harbaugh, tells the story of how as a Little League baseball player Jim
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