Tag Archives: negotiation

BATNAs and the Emotional Pains from “Positional Negotiation”

If you have problems with BATNA theory, you aren’t the only one.  Some people have privately shared their concerns with me, and I suspect that there are a lot of others who are “in the closet” and don’t express their concerns publicly because BATNAs are so widely taken for granted in our community. George Siedel’s … Continue reading BATNAs and the Emotional Pains from “Positional Negotiation”

Do You Cover BATNA in Your Course?

If you teach students that it’s important to analyze their BATNAs, consider including material in your course on litigation interest and risk assessment, aka LIRA. Virtually every negotiation, mediation, and ADR survey course teaches students that they should figure out their BATNA when negotiating or mediating. That is sooooo much easier said than done, as … Continue reading Do You Cover BATNA in Your Course?

LIRA @ CPR

This post summarizes presentations, data collected, and discussion in the “Risky Business: A Toolbox for Managing Litigation Interests and Risks” program on February 28, 2020 at CPR’s annual meeting.  There never is enough time to cover everything you want to say, so this post elaborates the discussion at the program. Based on our book, Litigation … Continue reading LIRA @ CPR

How to Calculate and Use BATNAs and Bottom Lines with LIRA

Everyone talks about knowing one’s BATNA in negotiation and mediation.  But that’s a lot easier said than done. In litigated cases, the value of the BATNA usually is the expected trial outcome, but that is notoriously hard to predict for many reasons.  The outcome of numerous legal and factual issues may depend on the evidence, … Continue reading How to Calculate and Use BATNAs and Bottom Lines with LIRA

Call for Papers: Stanford Institute for Theoretical Economics 2020 Summer Workshops

From LFOI Lara Fowler: The Stanford Institute for Theoretical Economics (SITE) is pleased to announce this call for papers for workshops taking place on the Stanford campus from July 1 to September 11, 2020. Bargaining/negotiation is one of the oldest and most common forms of transaction and interaction; at the same time, it is a … Continue reading Call for Papers: Stanford Institute for Theoretical Economics 2020 Summer Workshops

Theory of Change Symposium – Part 5 and Coming Attractions

This jumbo-size post is the last part in the Theory of Change Symposium. But don’t despair.  I am compiling all the pieces – and some new material – into an e-book that will be distributed soon, as described at the end of this post. This part of the symposium includes several pieces describing important techniques … Continue reading Theory of Change Symposium – Part 5 and Coming Attractions

Inter-School Negotiation Practicum Sign-Up Deadline – February 7

From GFOI Debra Berman: I am happy to announce that registration is now open for the spring Inter-School Negotiation Practicum.  If you are interested in incorporating this cross-school negotiation exercise into your ADR class or other school program, please provide your students with this registration link. Registration will close on February  7th.  I will email … Continue reading Inter-School Negotiation Practicum Sign-Up Deadline – February 7

President Trump’s Negotiation Skills (or Lack Thereof) – Part 6

Perceptive readers recall my series of posts about President Trump’s negotiation skills.  (Here’s a link to Part 5, which includes links to the whole collection.) This part provides an overview of Mr. Trump’s negotiation failures whereas the prior parts focused on particular negotiations.  It summarizes a Washington Post column by liberal columnist Paul Waldman.  I … Continue reading President Trump’s Negotiation Skills (or Lack Thereof) – Part 6

Possible Federal Class Negotiation in Opioid Case

The ABA Journal reported that US District Judge Dan Polster is considering certifying a class action in the massive opioid case specifically for negotiation.   The class would consist of 33,000 cities, towns, and counties. The proposal could help protect against an unfair settlement that is reached by lawyers before approval by the class, proponents say.  … Continue reading Possible Federal Class Negotiation in Opioid Case

Debra Berman’s Fantastic Offer to Host an Inter-School Negotiation Exercise

FFOI Debra Berman offers to organize a fabulous practical DR Skills exercise that goes beyond the classroom and normal competitions.  She writes: In recent times of declining class sizes, shrinking budgets, and extra focus on the bar exam, practical ADR skills training may not receive the attention it deserves.  Students may leave law school without … Continue reading Debra Berman’s Fantastic Offer to Host an Inter-School Negotiation Exercise

Two Shrewd Legislative Negotiators / Mediators

In December, I wrote a post compiling news accounts describing how Nancy Pelosi masterfully negotiated to be elected as Speaker of the House of Representatives. A Washington Post article this week described how she has unified the Democratic Caucus in the House, as described below. I just listened to a recent podcast about how Representative … Continue reading Two Shrewd Legislative Negotiators / Mediators