How many times have we heard the refrain,” But, it is not fair!” or “I just want to be fair about this!” Or “All I want is fairness!” Or some similar retort? Suppose these comments arise out of a dispute between three partners: Jane, Joan and Sally. Jane put in [Read More]
We are all taught that before entering into any negotiation, we should give some thought to what our best alternative is if we do not settle (that is, our Best Alternative to a Negotiated Agreement or BATNA.) And along these lines, we have learned that if we have a really [Read More]
In a Parable of Trust, I discussed how our dog- Buddy- has come to trust us so much that my husband was able to groom him without having to use a muzzle or render him semi-conscious with sedatives. The thesis was the difference trust makes when present. This week, I [Read More]
Russia has engaged in the ultimate hardball tactic: it invaded Ukraine. Watching this invasion unfold reminded me of hardball negotiations and tactics. As defined in The Business Professor, “hardball tactics”: …are measures used in a negotiation to set a competitive tone. It generally involves using some form or power, leverage, [Read More]
My husband and I have two English Springer Spaniels, one of whom (aka Buddy) loves to walk and to say “hi” to other dogs. The other day I was walking Buddy when we came across a man walking his dog and intently participating in a conversation on his cell phone. [Read More]
This semester, I will be co-teaching a course in negotiation. To prepare, I read the three assigned textbooks on the subject over the holidays. What struck me but not as a surprise, is that each author emphasized the importance of preparing for the mediation. None of them suggests simply walking [Read More]
In Mediation Ethics: A Practitioner's Guide edited by Omer Shapira (ABA 2021), Bill Eddy contributes chapter 8 entitled "Dealing with Difficult Parties" (pp. 165-185.). Mr. Eddy defines a difficult party as “… someone who demonstrates some or all of the following in the mediation process: exaggerated emotions, adamant directives, attacking [Read More]
A few weeks ago, the Harvard PONS blog posted an article outlining research findings that too many BATNAs may not be such a great thing. Entitled Negotiation Research: When Many BATNAs Are Worse than One by the PONS staff on July 22, 2021, it discusses a study by Michael [Read More]
