The art of negotiation seems to be very much in the news today, with issues involving trade, tariffs, immigration, arms sales, nuclear arms, et cetera. In preparing to teach a class on negotiation ethics as part of my Mediation Ethics course at USC Gould School of Law, it dawned on [Read More]
In October 2015, I posted a blog about a then recent New York Times article on the benefits of anger in negotiations. In “The Rationality of Rage”, Matthew Hudson reviewed then recent studies indicating that in a balanced negotiation, anger tends to provide some leverage; it helped the angry negotiator [Read More]
One thing I have learned about agreeing to teach a class is that it has caused me to focus on many things that have otherwise been floating around in my subconscious. One of these is negotiation tactics: what is permissible and what is not. In researching this topic for class, [Read More]
Imagine this scenario: “Jack” is having a conversation with “Jill” about whether to go up the hill to fetch a pail of water. (https://en.wikipedia.org/wiki/Jack_and_Jill_(nursery_rhyme)) From out of nowhere, Jill makes an offhand but biting remark to which Jack responds negatively. The ensuing conversation gets totally off track on whether they [Read More]
In recent years, much has been made of the fact that we are living in the digital age: we are tethered to our smartphones, iPad, laptops and other devices and are heavily dependent on them. Much like Pavlov’s dogs, whenever our smartphone beeps, vibrates, rings et cetera, we check it [Read More]
The other day, I came upon a blog post from the Program on Negotiation (PON) at Harvard Law School that is worth discussing. It is entitled “10 Hard Bargaining Negotiation Tactics” by Keith Lutz (January 10, 2017). I have seen one or more of these tactics often in mediation and [Read More]
I saw a blog on the Program on Negotiation (PON) at Harvard Law School’s web page written by its staff (January 12, 2017) entitled “How Mood Affects Negotiators”. It caught my attention because I had just witnessed this effect in two of my mediations. Recently, I held two mediations on [Read More]
First and foremost- Happy New Year! May it bring you health and happiness and quick and peaceful resolutions to all of your disputes. On my first day back in the office, I read the Kluwer Mediation blog (January 2, 2017). The author- Geoff Sharp wrote on “Chunking Up and Down- [Read More]
