A sobering -- even frightening -- panel at the IBA's Vancouver conference addressed negotiation in volatile, politically charged and dangerous circumstances -- pushing the boundaries of mediation past the purely commercial, into a world where lives may depend on the skill and success of the negotiator or mediator. Maritime pirates off...
Tag Archives: Negotiation
The annual Conference of the International Bar Association in Vancouver presented several panels of unusual distinction and interest. This first report covers a group of speakers posing the questions: "What does it take to persuade? How does a lawyer cause an arbitrator, judge, businessperson or other lawyer, to willingly reach the...
"You'd better be careful -- you're about to negotiate with the King!" We've all heard this at some point in our careers. Our counterparty is well-connected with the judge. He's an influential member of the local bar. He has fifty years' worth of hard-earned reputation as the lion of the district. ...
Many parties in mediation -- and many of their counsel -- consider that a "win" is a deal that gets them the number they asked for, or close to it. In fact that's not so, and a mediator provides important value to disputants by assisting them to determine, in a...
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....
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...
In his keynote address to the Section of Dispute Resolution of the American Bar Association, MIT Professor Lawrence Susskind urged that it was time for ADR professionals to get involved in the failure of meaningful discourse in American public life, and to assist people to talk to each other about deeply...