Professor Russell Korobkin from UCLA gave an interesting talk at the AALS DR Section Works-in-Progress Conference a couple of weeks ago. His talk, Against Integrative Bargaining, was interesting and certainly caught the attention of everyone at the conference. His basic thesis was simple: Integrative Bargaining (or problem-solving negotiation or interest based negotiation) is oversold. Looking … Continue reading Against Integrative Bargaining
Is one’s bottom line (or reservation price or walk away point) in negotiation a material fact under Rule 4.1? If so, why is that? I’ve been wrestling with these two questions in a piece I’m writing on attorney negotiation ethics (thanks to those who gave me feedback on the article at the AALS Works-in-Progress conference … Continue reading One’s Bottom Line – A Material Fact under Rule 4.1?
With the onslaught of email and texting, it’s not surprising that more and more negotiation is being conducted by email. Two interesting recent pieces from the blogosphere had some advice on this. First, you should not actually be conducting negotiation over the email according to Vicky Pynchon at Settle It Now. Scientific American just published a … Continue reading Email Negotiation Advice
Like many of you, I’ve been following the current financial crisis and the discussions of the $700 billion to $1 trillion bailout proposed by the Bush administration. I don’t claim to be an expert in the matters of finance and Wall Street, and I hope those who are knowledgeable on these issues will be able … Continue reading The Proposed Bailout as a Negotiation Lesson
is the title of a great book by Gregory Levey that I read this summer about his surprising journey from law school to speechwriter for the Prime Minister of Israel. Levey is a Canadian who, after surviving his first year of law school at an unnamed New York law school decided that he needed a break … Continue reading Shut Up, I’m Talking!
I am linking here to an interesting article from the ABA Journal last week pointing out that a lawyer’s reputation is much like your savings account–add a little to it each year and it can make you rich over time. I like this framework of reputation for two reasons: One, it suggests that a good reputation … Continue reading Your Reputation Bank Account
This summer I read the book, Elements of Persuasion by Richard Maxwell & Robert Dickson. I’ll be blogging about other fascinating parts of the book but today, in honor of Harley Davidson’s 105th anniversary which was celebrated last weekend (with thousands of Harley riders in town including up and down the main street in front … Continue reading Persuasion through Harley Davidson
Apparently, law students at NYU were negotiating this fall–using Starbucks, money, and cookies–to get into certain law school classes. Clearly, this is a fantasy for law professors “My class is so popular that one student baked 3 dozen brownies to get in!” but a nightmare for students. As the New York Post wrote, NYU operated without a waitlist … Continue reading Negotiating for Law School Classes
I am linking here to a terrific post by Amos Guiora and Martha Minow about the exchange that happened last week between Israel and Hizbollah. They note two very important negotiation issues ongoing in the exchange of five convicted–and live terrorists–for two bodies of Israeli soldiers. One is the ongoing Israeli commitment to leave no Israeli soldier … Continue reading Negotiating with Terrorists–What is the Correct Exchange Rate?
As President Bush visited Israel last week on the occasion of Israel’s 60th Anniversary of its founding, the President and Israeli Prime Minister Olmert met to discuss prospects of working out a peace deal. The lead negotiators for each country–Secretary of State Condoleezza Rice and Israeli Foreign Minister Tzipi Livni–are both women. And, while the … Continue reading Women Negotiating the Middle East Peace
