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)
I know that this sounds like another one of my dumb questions. But the meaning of negotiation is surprisingly opaque. People have very different ideas about this. And the definition you choose has important practical implications. I stumbled onto this problem as I studied and taught negotiation in recent years. In an article on negotiation … Continue reading What is Negotiation?, Part 1
Brian Ganson (University of Stellenbosch Business School, Cape Town, South Africa) has published a paper with the Geneva Peacebuilding Platform (2011, Series Paper No. 2) in connection with their conference on “Strengthening International Support for Conflict Prevention.” From the Introduction: Practitioners, scholars and institutional actors focus on the predatory aspects of business in fragile environments … Continue reading Ganson on Business and Conflict Prevention
Jonathan Hyman (Rutgers) has posted The Roots of Impasse in the Mind of the Mediator, a book chapter in Definitive Creative Impasse-Breaking Techniques in Mediation (Molly Klapper ed., 2011). The abstract: Impasse in mediation can arise on a fundamental level from differences in the cognitive frameworks within which the participants – and the mediator – … Continue reading Hyman on the Roots of Impasse
Bob Mnookin (Harvard) published this op-ed in this past Monday’s Wall Street Journal. The opening: It’s hard to think straight when negotiating with an adversary you claim is evil, and Israel proved it last week. The usual problem is a refusal to negotiate at all. Here the Israelis made what seems to be a crazy … Continue reading Mnookin on Israel’s Deals with the Devil
Paula Young (Appalachian) has published two papers on teaching ethics in law school. Her 2011 article, Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators, builds on her previous article, Teaching Professional Ethics to … Continue reading Young on Teaching Ethics
Ran Kuttner (Creighton) has posted The Wave/Particle Tension in Negotiation, forthcoming in the Harvard Negotiation Law Review. The abstract: Using the wave/particle duality, a central principle in quantum physics as a metaphor, this article describes two different modes of human interaction that a negotiator should be aware of when conducting her negotiations-within, i.e. her internal … Continue reading Kuttner on the Wave/Particle Tension in Negotiation
David Hoffman (Boston Collaborative Group) has posted Mediation and the Art of Shuttle Diplomacy. The abstract: Mediation caucusing — that is, separate meetings conducted by the mediator with some, but not all, of the parties — is widely used, but it has become increasingly controversial, as some mediators advocate for a no-caucus form of mediation … Continue reading Hoffman on Mediation and the Art of Shuttle Diplomacy
Do you have an article or recent research that you would like to share? Please share with indisputably! With the breadth of scholarship relevant to an interdisciplinary field like ADR, keeping track of what’s going on can be a challenge. Collecting scholarship in one place is an effective way to get articles in front of … Continue reading Posting new scholarship
