The Washington Post’s “On Leadership” column by Jenna McGregor asked renowned negotiation experts on how the government shutdown in Washington, DC could be ended at the bargaining table.
Among the experts interviewed were Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School (PON) and author of Bargaining With The Devil: When To Negotiate, When To Fight, Robert Bordone, PON Executive Committee member and co-author with mediation pioneer Frank E.A. Sander of “Designing Systems and Processes for Managing Disputes,” and William Ury, co-founder of PON and co-author of “Getting to Yes,” a foundational work in the field of negotiation written in collaboration with PON co-founders Bruce Patton and Roger Fisher.
Throughout the litigation process, judges gain new information at settlement conferences, motion hearings, discovery disputes, and the trial itself.
Inevitably, some of this information, though relevant to the case at hand, will be inadmissible under the rules of evidence.
Unfortunately, informational blinders can prevent judges from disregarding this information when making decisions.
Planning to resolve a personal or business dispute in court? Before doing so, you should consider carefully what psychologists, political scientists, and legal scholars have learned about judges: their decisions are prone to error and bias.
Obviously making a fair judicial ruling can be difficult when the law is murky or the facts are contested. But even when the law is clear and the relevant facts have been fully developed, judges can still have trouble accurately applying the governing principles. Specifically, they face three types of “blinders” – attitudinal, information, and cognitive – that are largely unacknowledged by the legal system.
Because judges are susceptible to misjudging, your outcome in court may not be as fair or predictable as you might expect.
When you negotiate a dispute with a colleague in front of other teammates, there’s a chance these onlookers may become participants in the conflict, our research shows.
Suppose that during a meeting, you and another team member begin arguing about the best recommendation to give to a client.
An ally of yours jumps in to support your proposal; another teammate rushes to defend your adversary. A more diplomatic team member tries to integrate the two viewpoints, but – as often happens in such situations – she gets swept into the debate as well. As more people become involved, the negotiation threatens to spin out of control.
Women negotiating for career rewards face a dilemma: they must weigh the benefits of negotiating against the social consequences of having negotiated. This highly focused program, offered for the very first time, is designed to help women develop individual strategies for improving both their negotiation and social outcomes in career negotiations.
Negotiation involves your head and your gut. This innovative course focuses on both. It will equip you with essential insights and tools to address rational and emotional obstacles to negotiation success.
The Program on Negotiation, an inter-university consortium of Harvard, MIT, and Tufts, and Harvard’s Future of Diplomacy Project have named Ambassador Tommy Koh of Singapore the recipient of the 2014 Great Negotiator Award. In public events at Harvard planned for the afternoon of Thursday, April 10, 2014 (details to be announced), participants will honor Koh’s distinguished career contributions to the fields of negotiation and dispute resolution, especially his leading roles in challenging settings, from the Law of the Sea and the “Rio” Earth Summit to the ASEAN Charter and the Singapore-U.S. Free Trade Agreement.
Dr. Joshua N. Weiss is a Senior Fellow at the Harvard Negotiation Project and the co-founder of the Global Negotiation Initiative at the Program on Negotiation at Harvard Law School. He received his Ph.D. from the Institute for Conflict Analysis and Resolution at George Mason University in 2002. Dr. Weiss has spoken and published on topics relating to negotiation, mediation, and systemic approaches to dealing with conflict. He conducts research, consults with many different types of organizations, delivers negotiation and mediation trainings and courses, and engages in negotiation and mediation at the organizational, corporate, government, and international levels.
Join us April 15-18, May 20-23, or June 17-20 for this three-day negotiation seminar at the Charles Hotel in Cambridge, Massachusetts. Designed to accelerate your negotiation capabilities, Negotiation and Leadership (formerly known as the Program on Negotiation for Senior Executives) examines core decision-making challenges, analyzes complex negotiation scenarios, and provides a range of competitive and cooperative negotiation strategies.
Some negotiations end with a plan of action rather than a signed contract – for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn’t be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young child. But in virtually all significant business negotiations, parties should put pen to paper after negotiating the terms of their deal. In fact, contract law requires certain types of deals to be in writing for them to be enforceable.