By Stephen Ware, a law professor at KU, in Lawrence, Kansas.

Principles of Alternative Dispute Resolution

Principles of Alternative Dispute Resolution
Principles of Alternative Dispute Resolution, in its third edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.

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Tuesday, April 22, 2014

Good Tips for Negotiators, Especially Lawyers

When leading negotiation scholars are concise, they come up with nuggets of wisdom.  These are in the form of recipes for cooking up a deal and I particularly like:

“Having those who matter present”. Sanda Kaufman
“Knowledge of your counterpart, available remedies, relevant law and facts”. Nancy Welsh

“the heat is ultimately helpful, and you’re not the only one feeling it.” Noam Ebner 

“Add knowledge in increments (from listening to your counterparty and also doing
your own background research) till the remaining ignorance tastes acceptable.
Add in a small amount of doubt with each new proposal by the other party;
balance it with 1 part research and 1 part creative counter-offer.” Chris Honeyman

and Roy Lewicki’s entire entry:
· Figure out what you want
· Understand what would and could not be a mutually acceptable agreement
· Get to know and understand the other party
· Frame an opening statement
· Ask the other to reciprocate and listen to them carefully
· Ask each other lots of questions to assure understanding
· Work toward a common understanding
· Treat the other with respect and dignity


Thursday, April 3, 2014

Getting to Yes Sooner, Cheaper, and Better

Getting to Yes Sooner, Cheaper, and Better

is the title of an article by Missouri Law Professor John Lande, who interviewed well respected litigators about how they prepare for trial and for negotiation.  

"They recommend taking charge of their cases from the outset, which includes getting a clear understanding of clients and their interests, developing good relationships with counterpart lawyers, carefully investigating the cases, making strategic decisions about timing, and enlisting mediators and courts when needed. The lawyers overwhelmingly suggested starting negotiation at the earliest appropriate time. Reaching agreement sooner generally produces the benefit of reduced litigation costs as well as reduced time that parties invest in litigation. Lawyers produce better agreements when they focus on both sides’ interests because this enables them to create value, even in supposedly zero-sum negotiations." 

I like the vocabulary Professor John Lande uses: focus on both sides' interests, create value, zero-sum. It really captures well what matters in negotiation.