Texas lawyer and mediator Don Philbin has devised a piece of software that, based upon thousands of negotiations, can indicate the likely responses to various negotiation offers and demands, thus guiding counsel in what response an opponent will likely take to a particular negotiation tactic, avoiding guesswork and streamlining the...
The interest in Abraham Lincoln sparked by the recent release of Spielberg's film prompts a reminder of Tom Stipanowich's recent article, in the ABA's Dispute Resolution magazine, on Lincoln as a counsellor and negotiator. Lincoln's oft-quoted advice, "discourage litigation," becomes far more than an adage when one considers real-life instances of his actually...
Neither negotiation pundits nor political commentators seem very quick to pick up on an obvious fact of life: That, as negotiations continue, the underlying objective of the parties may change, and their interest may morph. ...
It is a cause of dismay, in a way, that the ABA has published John Lande's superb book, Lawyering with Early Planned Negotiation: How You Can Get Good Results for Clients and Make Money. More than a generation since Frank Sander espoused the "Multi-Door Courthouse," and Jim Henry founded CPR Institute,...
Bob Mnookin of Harvard's Program on Negotiation has a buddy named Spock. Spock is available to Bob whenever, like Faust, Bob meets the Devil and is enticed to cut a deal with him. In his 2010 volume, Bargaining With the Devil: When to Negotiate, When to Fight, we get the opportunity...
This blog has noted, over the years, the challenges of multiparty negotiations. It has also brought readers' attention to the challenges of hostage negotiation. This next paper from a New York Law School student combines the two in a horrific melange of self-interest, terror and human lives. The topic is the...
I remember attending the first meeting of the Dispute Resolution Section of the American Bar Association, in Boston, in 1999. I was on a panel discussing Y2K, and absolutely everybody I had ever met in ADR was in attendance. Y2K has since moved on, but the ABA Dispute Resolution Section...