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 fourth edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.

Search This Blog

Showing posts with label zero-sum. Show all posts
Showing posts with label zero-sum. Show all posts

Thursday, July 19, 2018

Good Video Depicting Common Adversarial Tactics in Zero-Sum Negotiation

This good short negotiation video on Vimeo is produced at the University of North Carolina and depicts an automobile sale negotiation.

It depicts some adversarial tactics suited for zero sum negotiation about price.
For example, walking away from the table, keeping the other party waiting, adding a new demand late in negotiation, asking the other party's bottom line: "How much are you willing to pay?" And use of a team with a "Good cop, bad cop" (sales person "checks with manager").


Tuesday, June 17, 2014

Zero-sum Negotiation vs. "Value Can be Created"

Victorian Pynchon well states fundamental points when she writes "The key is not technique but general negotiation principles (such as, ‘value can be created,’ or ‘it is important to understand how parties’ interests interrelate’)....The first step to a successful mutual-benefit negotiation style is to stop thinking about give and take as a zero-sum game. "

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.