Category Archives: Negotiation

Problems with the System of Negotiation Models, Part 1

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Based on my study of lawyers’ actual negotiations, A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, I have reluctantly concluded that the generally-accepted understanding of negotiation theory is seriously flawed and that we need a better theory. The current framework relies primarily on two models … Continue reading Problems with the System of Negotiation Models, Part 1 →

What is (A)DR About?

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Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About? →

Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule

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“Oh Boy! A fight.” That’s often what I say in class when students vigorously disagree.  I like these “fights” because they usually lead to helpful discussions that clarify differing views. So when Andrea wrote her post, Puffing Sucks, I thought, “Oh Boy! A fight.” She argues that puffing is “[l]ying, through and through,” and that … Continue reading Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule →

What is Negotiation?, Part 2

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We often think of negotiation as a distinct and climactic phase of a dispute. Interactions leading up to the final settlement event are often considered merely as preparation, if that. In litigated cases, we often ignore the litigation as if it was largely irrelevant to the information available and the dynamics in negotiation. I base … Continue reading What is Negotiation?, Part 2 →

To Puff or Not to Puff . . . (or When and How to Puff)

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I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.”   Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms of scrupulous honesty that were universally followed, that’s never gonna happen.   I’m no expert … Continue reading To Puff or Not to Puff . . . (or When and How to Puff) →

What is Negotiation?, Part 1

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I know that this sounds like another one of my dumb questions. But the meaning of negotiation is surprisingly opaque.  People have very different ideas about this.  And the definition you choose has important practical implications. I stumbled onto this problem as I studied and taught negotiation in recent years. In an article on negotiation … Continue reading What is Negotiation?, Part 1 →

Scientists Prove Feminine Charms Increase Negotiation Success

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Yes, you read that right.  According to The Independent (a UK newspaper): Feminine charm [a combination of friendliness and flitation] is a strategic behaviour aimed at making the person you are negotiating with feel good in order to get them to agree to your goals,” says Dr Kray. . . . . Researchers believe the … Continue reading Scientists Prove Feminine Charms Increase Negotiation Success →

Ken Feinberg on How to Settle a Dispute

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Today’s New York Times Magazine, on it’s “One-Page Magazine” feature, included these succinct remarks on dispute settlement from Kenneth Feinberg, a well-known negotiator: “In all the negotiations I do, there’s a priority list: One, know the facts. Two, be dogged. Three, keep an open mind. Next, be creative in getting to ‘yes.’ Finally, a very … Continue reading Ken Feinberg on How to Settle a Dispute →