This post channels 60% of Jack Nicholson but without the chicken salad sandwich. It describes three short pieces that you might want to use in courses or continuing education programs. Overcoming Roadblocks to Settlement The first is an article entitled Overcoming Roadblocks to Reaching Settlement in Family Law Cases published in Family Advocate, the magazine … Continue reading Three Easy Pieces
From George J. Seidel, Williamson Family Professor of Business Administration and Thurnau Professor of Business Law at the University of Michigan’s Ross School of Business: Many thanks to John Lande, Hiro Aragaki, and Sanda Kaufman for their recent posts that have clarified the meaning of “BATNA.” BATNA is an important concept because it is often a … Continue reading George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?
OFOI Tim Hedeen described the following class exercise about the nature of negotiation, which can easily be adapted in many ways. (If you want to give students even more of a run for their money, you might assign students to read the short piece on the definition of negotiation that Andrea Schneider, Noam Ebner, David … Continue reading Tim Hedeen: Good and Easy Class Exercise
I am extremely fortunate that Rafael Gely, the director of Missouri’s Center for the Study of Dispute Resolution, has been my partner in developing the Stone Soup Project. A year ago, when I first emailed him about it, the subject line was “a crazy idea?” Rafael’s immediate response was, “I love this idea! (Of course … Continue reading Stone Soup Assessment: Rafael Gely’s Negotiation Course
We all say that preparation is important – it’s more popular than mom and apple pie – but we have only vague ideas about how people actually consider possible alternatives. This includes the negotiators themselves. We sometimes list general factors or approaches, but usually that’s as far as we get. I will go out on … Continue reading Stone Soup: Learning How People Actually Prepare for Negotiation and Mediation
I just listened to an episode of a This American Life podcast entitled 129 Cars, referring to a car dealership’s monthly sales quota. A team of reporters followed various people at a Long Island dealership for a month and the episode sounds like a sitcom. But it is very real, reflecting tensions in negotiations between … Continue reading Real Car Dealing
In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct. Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so. In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers
If so, you have a lot of company. Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.” This is one of my pet peeves, which drives me crazy – an admittedly short excursion. I discussed this in my top-notch post, BATNA, MLATNA – … Continue reading Do You Use “BATNA” Wrong?
Here are the published versions of the articles from Missouri’s symposium last year, Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding. Clicking on the titles below will take you to the abstracts with more information for most of the articles as well as a link to the articles themselves. … Continue reading Published Versions of Tower of Babel Symposium Articles
In the last post in this Stone Soup mini-course, I summarized Stewart Macaulay’s classic article using qualitative methods, Noncontractual Relations in Business. This post elaborates. When I was a sociology grad student at Wisconsin, I got a chance to meet Stewart Macaulay, a really charming guy who was on the law school faculty. I remember … Continue reading Stone Soup Mini-Course: More About Macaulay’s Noncontractual Relations in Business Article
From WFOI Elayne Greenberg: The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA) invite you to participate in the ninth annual Securities Dispute Resolution Triathlon, a competition of competence in the dispute resolution field. The triathlon is the first and only competition to … Continue reading 2017 Securities Dispute Resolution Triathlon
Political eons ago – 20 days ago, to be precise – President Trump had a successful negotiation of sorts. If you can remember that far back, that’s when the House of Representatives approved a health care bill that Mr. Trump advocated. In prior posts, I discussed Mr. Trump’s failure to win adoption of his original … Continue reading President Trump’s Negotiation Skills (or Lack Thereof) – Part 4