Tag Archives: negotiation

Oldies But Goodies

SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, … Continue reading Oldies But Goodies

What is (A)DR About?

Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About?

Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule

“Oh Boy! A fight.” That’s often what I say in class when students vigorously disagree. I like these “fights” because they usually lead to helpful discussions that clarify differing views.   So when Andrea wrote her post, Puffing Sucks, I thought, “Oh Boy! A fight.”   She argues that puffing is “[l]ying, through and through,” … Continue reading Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule

What is Negotiation?, Part 2

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

To Puff or Not to Puff . . . (or When and How to Puff)

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)

What is Negotiation?

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 a forthcoming … Continue reading What is Negotiation?