Tag Archives: negotiation

Two Shrewd Legislative Negotiators / Mediators

In December, I wrote a post compiling news accounts describing how Nancy Pelosi masterfully negotiated to be elected as Speaker of the House of Representatives. A Washington Post article this week described how she has unified the Democratic Caucus in the House, as described below. I just listened to a recent podcast about how Representative … Continue reading Two Shrewd Legislative Negotiators / Mediators

President Trump’s Negotiation Skills (or Lack Thereof) – Part 5

In this installment of the potentially-infinite series on President Trump’s negotiation skills or lack thereof, we examine the negotiation leading to the end of the latest shutdown of the federal government as well as other negotiations by Mr. Trump and his associates. Last Friday, Mr. Trump announced that he would sign a bill re-opening the … Continue reading President Trump’s Negotiation Skills (or Lack Thereof) – Part 5

Case Study of Negotiations with Honey and Vinegar, Carrots and Sticks

Last week, House Democratic Leader Nancy Pelosi completed an impressive campaign of negotiations to be elected speaker of the House of Representatives. This post provides an account of this campaign, synthesized from news accounts listed at the end. One of the articles described Ms. Pelosi’s approach as being like honey, compared with President Trump’s vinegar strategy.  … Continue reading Case Study of Negotiations with Honey and Vinegar, Carrots and Sticks

How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?

I recently visited our DR friends and colleagues at Quinnipiac, courtesy of an invitation from Charlie Pillsbury, the co-director of their Center on Dispute Resolution.  He invited me to give a talk as part of the Quinnipiac-Yale Dispute Resolution Workshop. Using the patented Stone Soup process of systematically eliciting input from audiences, I tested some … Continue reading How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?

Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

Litigation offers many potential benefits.  It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.  It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves.  Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

A Case Study of Murphy’s Law in Missouri

Ben Trachtenberg, one of the sharpest faculty at my school, wrote this outstanding article analyzing what went wrong during the highly-publicized controversies at the University of Missouri in 2015.  Having lived through this painful conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things … Continue reading A Case Study of Murphy’s Law in Missouri

How Should ADR Folks Participate in a Grand Real-Time Negotiation?

President Trump is scheduled to have a summit meeting with Russian President Putin on Monday.  The timing of this meeting right after the indictment of 12 Russian intelligence officials demonstrates the bizarre political situation we are in. Mr. Trump seeks a close relationship with a foreign leader whose top spies systematically interfered in our elections … Continue reading How Should ADR Folks Participate in a Grand Real-Time Negotiation?

Stone Soup Assessments: Farkas Arbitration, Tetunic Clinic, and Fowler, Keet & Baerg, and Newman & Roger Negotiation Courses

Here is a collection of more assessments of Stone Soup course assignments.  This again demonstrates how faculty have been creative in crafting a wide variety of learning experiences that fit their instructional goals and situations. Many colleagues wish they had students do these assignments earlier in the semester and discuss them in class.  Brian Farkas … Continue reading Stone Soup Assessments: Farkas Arbitration, Tetunic Clinic, and Fowler, Keet & Baerg, and Newman & Roger Negotiation Courses

30% Discount on ABA Books — Thru End of February

The ABA is offering a 30% discount on its 2017 books.  The discount is available only through the end of the month, so you need to act soon to take advantage of this offer. The Section of Dispute Resolution published the following books that qualify for this discount: ● Beyond Smart:  Lawyering with Emotional Intelligence … Continue reading 30% Discount on ABA Books — Thru End of February

Three Easy Pieces

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

George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?

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?