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
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)
As I embark on this blog, it might be helpful to lay out my general perspective, which is probably similar to some of your views. This post (and probably some of my future posts) is different and longer than the norm, but hopefully you will find it worth your time to read. I came of … Continue reading Where I’m Coming From . . . and Want to See Us Go
