Tag Archives: negotiation

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

President Trump’s Negotiation Skills (or Lack Thereof) – Part 5

In this installment of the potentially-infinite series on President Trump’s negotiation skills or lack thereof, we examine the negotiation leading to the end of the latest shutdown of the federal government as well as other negotiations by Mr. Trump and his associates. Last Friday, Mr. Trump announced that he would sign a bill re-opening the … Continue reading President Trump’s Negotiation Skills (or Lack Thereof) – Part 5

Case Study of Negotiations with Honey and Vinegar, Carrots and Sticks

Last week, House Democratic Leader Nancy Pelosi completed an impressive campaign of negotiations to be elected speaker of the House of Representatives. This post provides an account of this campaign, synthesized from news accounts listed at the end. One of the articles described Ms. Pelosi’s approach as being like honey, compared with President Trump’s vinegar strategy.  … Continue reading Case Study of Negotiations with Honey and Vinegar, Carrots and Sticks

How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?

I recently visited our DR friends and colleagues at Quinnipiac, courtesy of an invitation from Charlie Pillsbury, the co-director of their Center on Dispute Resolution.  He invited me to give a talk as part of the Quinnipiac-Yale Dispute Resolution Workshop. Using the patented Stone Soup process of systematically eliciting input from audiences, I tested some … Continue reading How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?

Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

Litigation offers many potential benefits.  It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.  It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves.  Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments