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.

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Showing posts with label interest-based negotiation. Show all posts
Showing posts with label interest-based negotiation. Show all posts

Friday, February 20, 2015

Common Misunderstanding About Negotiation

"The current framework" of negotiation, as U. Missouri Law Professor John Lande's post says, "relies primarily on two models – positional and interest-based negotiation. ...People often fall into the trap of "equating positional negotiation as being tough and interest-based negotiation as being nice," according to John Lande's post at Indisputably.

Monday, August 25, 2014

Handshaking Promotes Cooperative Dealmaking

Handshaking Promotes Cooperative Dealmaking, according to a paper, by University of Chicago and Harvard business school professors.  The abstract:

Humans use subtle sources of information — like nonverbal behavior — to determine whether to act cooperatively or antagonistically when they negotiate. Handshakes are particularly consequential nonverbal gestures in negotiations because people feel comfortable initiating negotiations with them and believe they signal cooperation (Study 1). We show that handshakes increase cooperative behaviors, affecting outcomes for integrative and distributive negotiations. In two studies with MBA students, pairs who shook hands before integrative negotiations obtained higher joint outcomes (Studies 2a and 2b). Pairs randomly assigned to shake hands were more likely to openly reveal their preferences on trade-off issues, which improved joint outcomes (Study 3). In a fourth study using a distributive negotiation, pairs of executives assigned to shake hands were less likely to lie about their preferences and crafted agreements that split the bargaining zone more equally. Together, these studies show that handshaking promotes the adoption of cooperative strategies and influences negotiation outcomes.

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. "