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Negotiation Articles
What's New
12-Step Program Tools For Breaking Interpersonal Conflict Patterns (6/28/10)
Kerri Moon Anyone who has ever worked a 12-Step program knows the grueling process of the 4th Step Personal Inventory. The goal is to begin to take an honest look at the patterns of behavior we replicate time and time again, stemming from a variety of ego-based motivations and leading to the same forms of mayhem and interpersonal conflicts time and time again.
Failure To Negotiate Leads To Unilateral Acts (6/07/10)
Giorgi Narmania The purpose of this article is to discuss international engagement in the negotiation process between Serbia and Kosovo from the beginning of the conflict until the unilateral declaration.
Why "She Negotiates" (5/08/10)
Victoria Pynchon There's a new blog on the block called She Negotiates hosted by popular blogger Victoria Pynchon. Why she negotiates? Read here!
John Paul Lederach: Conflict Management in Other Countries - Video (4/16/10)
John Paul Lederach John Paul Lederach continues to describe in detail how he observed partiality as a resource, not an obstacle in Latin America and the Middle East. Partiality meant being part of the network, being an insider, and someone to be trusted.
The Art Of Persuasion (4/12/10)
Jeffrey J. Beaton Whether arguing a case on behalf of a client or convincing parties that a mediated settlement offers the best hope of reaching the higher ground of resolution, there are some basic issues that each have in common. Of course, litigation and mediation are different brands of beast. I concede that a mediator should not be in the business of routinely advocating a particular outcome. Nevertheless, there are times when even a neutral must take a position in order to overcome impasse or to convince a party that a position is unreasonable.
Selling Mediation: The 9 ½ Best Guerrilla Marketing Strategies and Techniques Drawn From Neuroscience (4/06/10)
r.d. benjamin One of the primary reasons that, after some 30 years, the use and acceptance of negotiation and its first cousin mediation remain underwhelming is mediators themselves. Most continue to use reason and logic as their marketing strategy of choice. Unfortunately, logic and reason are some of the least effective techniques for convincing almost anyone of anything---especially the value of negotiation.
It Turns Out That Humans Make Human Decisions (3/15/10)
Monique McKay I googled the question “What makes a good lawyer?” and found 49,300,000 results. There are lots of articles about analyzing, taking positions, fighting, winning and being a good adversary. Reading these articles wakes up the competitive side in me. I love the logic of the law, researching positions, thinking up clever arguments and advocating a cause. And forget happiness, I love the pursuit of the victory.
Roger Fisher: Discussion of Beyond Reason - Video (3/01/10)
Roger Fisher Roger Fisher talks about his recent book, Beyond Reason and explains the importance of emotion. Negotiators should build rapport by expressing their appreciation of the other party/parties, expressing affiliation, autonomy, acknowledging each other's status or expertise, and choosing a fulfilling role.
Before The Deal Honeymoon Ends (1/24/10)
Frank Aquila, Kathy Bryan Even as deal activity begins to pick up, corporate decision makers remain understandably risk averse. Dealmakers must balance their need to get a deal done with the goal of avoiding costly or unnecessary mistakes.
All Behavior Makes Sense: A Spectrum Approach (1/11/10)
Michael Blackstock This essay will first explore a theoretical example of a spectrum of possible behaviours and why individuals may select a choice and then defend their decision (i.e. cognitive dissonance) to others, and finally how others perceive the decision. Next, this essay proposes how this tool can be used to debrief negotiations or mediations, and to further develop strategies. What does this all mean in our day-to-day world?
Decision Making: Are You Better Than Coin Flipping? (12/28/09)
Manie Spoelstra Lets assume that you and your wife have decided to buy a new car (or you are contemplating an important decision at work). You have narrowed the choice down to two SUV models. You like the German model. She prefers the Japanese one. You consult everybody, you read articles and websites, you think about the two toddlers at home and you even go for a few test-drives with both. Finally you agree on the German model. What are your chances for having made the correct decision?
Copenhagen Deal Will Require More Than A Little Give And Take (12/21/09)
John Sturrock Last week, I found myself in the Bella Centre in Copenhagen, the location for the negotiations on climate change. It is a vast cavern, with scores of rooms serving as the location for talks, presentations, media activity and lobbying. I was struck by the sheer mass of people, with laptops, leaflets, cameras and TV screens, milling around in the hope of influencing discussions. That image has stayed with me as we hear daily of the difficulties facing negotiations.
Me and Joe Lieberman: Fantasy Negotiations and Little Irrationalities (12/16/09)
r.d. benjamin Joe Lieberman, the independent Senator from Connecticut, pissed me off today. First, he is screwing up the pending health care reform legislation, and second, he is forcing me to consider my commitment to negotiation and mediation. Others seem to enjoy fantasy football or picking the perfect baseball team. My amusement, as twisted as some might find it, is picturing myself in ‘the room’ negotiating the big stuff, like health care policy ‘reform’ pending in the U.S. Congress.
Simple Mediation Methods Can Help Children Resolve Disputes (12/07/09)
Michael Lang Ah, the joys of parenting. Did we sign up for this? Who said we would need to be referees? Parenting was supposed to be about loving, nurturing and educating our children. I can’t tell you the number of times my three children would squabble about food, toys, space or (most contentious of all) control of the TV remote. So, when these arguments happen, and they will, what’s a parent to do?
Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown (11/17/09)
Diane J. Levin As readers of this blog know, the private practice of mediation in the United States remains unregulated by government. Arguably, this absence of formal regulation, licensing, and credentialing does not diminish mediation’s standing as a profession. It does, however, place weighty responsibility on the shoulders of U.S. mediators, collectively and individually, to protect the reputation of the profession and to build public confidence in mediation services.
Moving The Goalposts - How To Craft A Mediator's Proposal (11/02/09)
Alec Wisner In mediations involving commercial, business, contractual, employment, construction and insurance issues, the bottom line is most often dollars and cents. This is referred to as "distributive mediation," meaning that the size of the pie is predetermined, and the issue is limited to determining what size each claimant's slice will be. In my practice, I've developed a systemic method (sort of) through which I can narrow down my focus as much as possible in order to be able to insert my own proposal in a final effort to close the gap and obtain settlement.
Mediating How People Get Along (8/10/09)
Diane Cohen Mediating how people get along is important in many different areas of mediation. In some case, the entire set of issues between the parties may be matters of tone, subtle behaviors, etiquette, style and world view. Helping parties deal with these sorts of issues effectively can be the key to many mediation cases, and can add value to the resolutions achieved in a mediation case.
Roger Fisher: Emphasizing Differences Instead of Understanding - Video (7/09/09)
Roger Fisher Roger Fisher reflects on his ongoing concern in the negotiation field, which is that people are too quick to be adversarial: they see their different positions, argue, and go to court to argue. The emphasis is on litigation, instead of trying to comprehend how the other side feels.
The ‘Texas Shoot Out’ And Other Ways To Get Out Of Deals! (6/22/09)
Manie Spoelstra Most partnerships, joint ventures, marriages and many contracts and alliances start off with big plans,
grand expectations, speeches and champagne! Statistics indicate that the majority will, somewhere in the future, due to many personal and financial reasons, reach a point of such conflict or deadlock that parties want to ‘get out’!
Negotiators And Snipers: On Strategies For Managing Piracy On The High Seas---And Elsewhere (5/13/09)
r.d. benjamin Few international incidents end with the successful finality and clarity as did the rescue of the Maerske ship Captain, Richard Phillips, from
the clutches of Somali pirates in mid April. Three clean kill shots
by U.S.Navy snipers settled the stand-off. Most people in the Western world felt relieved and good about the outcome. Maybe assassination was warranted. Clearly, piracy cannot be tolerated. However, the pursuit of both negotiation and assassination strategies at the same time is troublesome and may be costly in the longer term. If negotiation appears to be merely a pretext for snipers' to act, then will the trust essential for successful negotiations be lost in future negotiations?
Obama The Negotiator: The Strategic Use of Anger (3/17/09)
r.d. benjamin One of the few ways to endure the current economic catastrophe is to appreciate the event as theater. As President Obama goes head to head with the Wall Street folks, one can’t help but be intrigued by how the negotiations are played out. His dispassionate, reasoned demeanor has been noted and is reassuring, but the theater of negotiation sometimes requires dramatic flair. A flash of ‘irrational’ anger might be a useful negotiation technique---even if he has to authentically fake it.
Letter To President Obama (3/02/09)
Kenneth Cloke Thank you. As conflict resolution professionals, practitioners and scholars, we have noticed and profoundly appreciate your efforts to change the process and tone of how differences are managed, both in Washington and around the world. We value your experience, understanding and commitment to conflict resolution, and offer our full support to you and your administration in your efforts to promote peace, collaboration, and consensus in domestic and international relations.
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