Conflict Resolution|Negotiation|Teaching

Psychological Barriers to Accurate Risk Assessment

Conflict Resolution|Negotiation|Teaching

Psychological Barriers to Accurate Risk Assessment

A recent article has been making the rounds of ADR professionals. The current issue of the American Psychological Association’s publication Psychology, Public Policy and Law (Vol. 16, No. 2, at 133-57) features a report of a study conducted by a group of scholars from Australia, Sweden and the United States....

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Negotiation|systems design

Game Theory, Negotiation, and the "Black Box"

Negotiation|systems design

Game Theory, Negotiation, and the "Black Box"

James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory.  Where it started was cutting a cake.  Where it ended was cutting out the lawyers, at least by implication. In addition to his law practice, Mr. Ring runs an enterprise called...

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Negotiation|Teaching

Understanding Interests Means Adding Value

Negotiation|Teaching

Understanding Interests Means Adding Value

I told my wife that I wanted to do the following exercise with my 50-person ADR survey class at New York Law School: "Find a partner and face each other.  Touch your palms together about face-level and then grasp each other's hand.  The person who can get the other person's hand past their...

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Negotiation

Some Helpful Principles of Competitive Negotiation

Negotiation

Some Helpful Principles of Competitive Negotiation

Christian Duve is a handsome, very bright, very perceptive attorney mediator practicing with Freshfields Bruckhaus Deringer in Frankfurt, Germany.  I have known and admired him for many years and recently learned a lot (once again) listening to a conversation he held with GE's Michael McIlwrath on negotiation techniques....

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Negotiation

Gender and Negotiation: An Interesting Study of a Perennial Topic

Negotiation

Gender and Negotiation: An Interesting Study of a Perennial Topic

In January 2001, I attended a CPR Annual Meeting in which Carrie Menkel-Meadow moderated a fascinating panel discussion on "Gender and Negotiation/Mediation."  The question presented was: "Does the gender of participants influence expectations, behaviors, performance or outcomes in negotiation and mediation settings?"  The panelists included Charles Craver of George Washington...

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