negotiation

Book Review, Causes of Conflict, Communication, Conflict, Cross-cultural, Dispute Resolution, Language, Memory and Illusions, Negotiation, peace negotiations, Perception

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List of Must-Read Books for Every Negotiator Let me introduce you to my new project. I would like to put together a list of five books every negotiator must-read. And when doing this, I do not have in mind works directly related to negotiation and/or mediation such as Getting to Yes by Roger D. Fisher…

Business, Causes of Conflict, Commercial Mediation, Communication, Conflict, conlfict coaching, Cooperation, Dialogue, Dispute Resolution, Ethics, Europe, Experience, Flexibility, Future of mediation, International Mediation, Mediation, Mindset, Uncategorized

(University of New South Wales)/ /1 Comment

The Program on Negotiation at Harvard (PON) sends to subscribers a daily blogpost of interesting negotiation thoughts and analyses. It regularly visits the negotiation styles of world leaders with the idea that ‘by studying the negotiation styles of famous leaders, we can identify what to emulate and what to abandon’. Unsurprisingly it has shone a…

Costs in Mediation, Decision making, Interests, Lawyers, lawyers in mediation, Legal Issues, Legal Practice, Mediation Lawyering, Negotiation, Tactics, Trial Value

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

While it is obvious that law is significant in legal disputes, how the law is used is not so obvious. This piece uses Oliver Wendell Holmes’s famous definition of the law as “prophecies of what the courts will do in fact,” rather than rules expressed in statutes, case law etc. It discusses two aspects of…

Communication, Decision making, Dialogue, Dispute Resolution, Language, Negotiation, Skills

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

“Managing a Client’s expectations and advising them on a course of action turned out to be far more difficult than negotiating with the other Party.” So wrote newly-minted Indian lawyer Varsha Manoj about her experiences negotiating with her clients. Many lawyers in the US and other countries undoubtedly have similar experiences. Legal clients often experience…

Brexit, Causes of Conflict, Conflict, Europe, Negotiation, Tips, Uncategorized

(University of Strathclyde)/ /4 Comments

“I think the EU will need to move significantly on both those key points because they’re points of principle.” (Dominic Raab, UK Foreign Secretary, speaking on the BBC this morning) The Brexit negotiation, despite its dizzying stakes, has triggered a fair amount of wry humour. I’ve poked gentle fun at the protagonists myself: Brexit Irritators:…

Below the line, Business, Causes of Conflict, Commercial Mediation, Conflict, Developing the Field, Economics, Mediation Practice, Practical Challenges for Mediators, Reflective Practice, Scotland, Uncategorized

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money

Twice today I’ve found myself responding to mediator reflections in these terms: the money’s not about the money. Both cases involved financial negotiation, even haggling, but that’s deceptive. The key to settlement lay not in the realm of calculation and rationality but in the more opaque social world of face, punishment, justice and emotion. In…

Dispute Resolution, Japan, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Reflective Practice, Scotland, Stories, The role of the mediator, Time Pressure, Uncategorized

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“You’ve done what?” It took just a moment. The red mist descended. The words were out before I could haul them back in. “You’ve just gone behind my back and undermined what I set out, and we had agreed, we would do….you might at least have had the courtesy…..” The lawyer had just told me…

Brexit, Mediation and Society, Negotiation, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /6 Comments

“For nobody would understand, And you kill what you fear, And you fear what you don’t understand.” Powerful words. As a progressive rock music aficionado, these lyrics taken from the song “Duke’s Travels” by my favourite band, Genesis, have often brought me up short as I listen to the album from which they come, 1980’s…

ADR, Brexit, Developing the Field, Dispute Resolution, Future of mediation, Impasse, Mediation and Society, Negotiation

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“In negotiations of all kinds, the greater your capacity for empathy – the more carefully you try to understand all of the other side’s motivations, interests and constraints – the more options you tend to have for potentially resolving the dispute or deadlock.” These are wise words from negotiation guru, Deepak Malhotra of Harvard Business…