Chris Guthrie

The following items are tagged Chris Guthrie.

Not-So-Privileged Information

Posted by & filed under Dispute Resolution.

The law of attorney-client privilege protects certain communications on the assumption that clients will reveal critical information to their attorneys only if they know such disclosures will not harm them in court. Despite the inadmissibility of such evidence, judges can have difficulty disregarding privileged information that sheds light on a case.

The Enduring Power of Anchors

Posted by & filed under Negotiation Skills.

In past issues of Negotiation, we’ve reviewed the anchoring effect – the tendency for negotiators to be overly influenced by the other side’s opening bid, however arbitrary. When your opponent makes an inappropriate bid on your house, you’re nonetheless likely to begin searching for data that confirms the anchor’s viability. This testing is likely to affect your judgment – to the other party’s advantage.

Psychologists Amos Tversky and Daniel Kahneman identified the anchoring effect in 1974. Participants watched a roulette wheel that, unknown to them, was rigged to stop at either 10 or 65, the estimated the number of African countries belonging to the United Nations. For half of the participants, the roulette wheel stopped on 10. They gave a median estimate of 25 countries. For the other half, the wheel stopped on 65. Their median estimate was 45 countries. The random anchors dramatically affected judgment.

Avoid judicial bias with negotiation

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Blind Justice? Think Twice Before Going to Court,” by Chris Guthrie (professor, Vanderbilt University Law School), first published in the Negotiation newsletter, April 2007.

Planning to resolve a personal or business dispute in court? Consider that judges don’t make decisions based on a thorough accounting of all the relevant and available information.  Instead, like

Anchors Away?

Posted by & filed under Negotiation Skills.

Adapted from “The Enduring Power of Anchors,” first published in the Negotiation newsletter, October 2006.

In the Negotiation newsletter, we have reviewed the anchoring effect—the tendency for negotiators to be overly influenced by the other side’s opening bid, however arbitrary. When your opponent makes an inappropriate bid on your house, you’re nonetheless likely to begin searching

What’s Relevant?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Option Overload? Manage the Options on the Table,” by Chris Guthrie (professor, Vanderbilt University Law School), first published in the Negotiation newsletter, August 2007.

When choosing among multiple options, negotiators should identify and evaluate the relevant attributes of each option and, if possible, make tradeoffs among them. This approach requires us to factor in

Dealing with Option Overload

Posted by & filed under Business Negotiations, Daily.

Adapted from “Option Overload? Manage the Choices on the Table,” by Chris Guthrie (professor, Vanderbilt University Law School), first published in the Negotiation newsletter.

Consider what happened when Randy, who was opening his first restaurant, met with Albert, the general manager of Best Appliances, to negotiate a deal. Albert pulled out a stack of brochures and

Is that really what you want?

Posted by & filed under Daily.

Adapted from “You Need to Know What You Want,” first published in the Negotiation newsletter.

Do you really know what you want out of life? Most of us don’t, according to Timothy D. Wilson and Daniel T. Gilbert, psychology professors at the University of Virginia and Harvard University, respectively. The impact bias describes the common, systematic

Negotiation Journal July issue focuses on mediation, multi-party negotiation, trade negotiations and curiosity

Posted by & filed under Daily, Mediation.

As the use of mediation continues to grow, researchers continue to examine what makes mediators effective and what the impact of mediation is on parties in dispute. Four articles in the July 2009 issue of Negotiation Journal provide an in-depth view of mediation effectiveness, with some interesting findings.

In the first article, Stephen Goldberg, Margaret Shaw,