Negotiation Newsletter

The following items are tagged Negotiation Newsletter.

Did the Mortgage Foreclosure Settlement Meet Its Goals?

Posted by & filed under Crisis Negotiations.

In early February, following months of difficult negotiations, the attorneys general of 49 states (all but Oklahoma) and the Obama administration reached a settlement agreement with five of the nation’s largest banks aimed at improving the stability of the U.S. housing market and punishing the banks for foreclosure abuses, the New York Times reports.

The deal was rooted in an investigation into mortgage servicing following revelations that banks were evicting borrowers based on false or incomplete documentation. The settlements gives financial relief to nearly 2 million current and former American homeowners hurt by the 2008 housing crisis through reductions in mortgage debt, home refinancing, and cash payments. Bank of America, JPMorgan Chase, Wells Fargo, Citigroup, and Ally Financial must pay about $5 billion in fines and spend at least $20 billion in borrowers assistance.

A Win Without Regrets: Winning an Auction and Not Feeling Disappointed

Posted by & filed under Crisis Negotiations.

We have all been in situations in which we are pitted against others in competition for a certain item, whether an award, a promotion, or even in an auction. Often, this competitive atmosphere pushes you to ‘play’ harder than you normally would, overvaluing your objective and over-assessing the importance of victory. Often when a group of people are vying for the same thing, the winner of the auction is revealed to have been overly optimistic about the value of the objective and thus is a victim of the “winner’s curse,” typically described as paying more than the asset is actually worth. The January 2008 issue of the Negotiation newsletter offers three helpful pieces of advice for avoiding the “winner’s curse.”

Shattering the Mold: Value Creation and Creativity in Negotiation

Posted by & filed under Business Negotiations.

When life becomes routine we are more likely to overlook details or, conversely, we cannot see the forest for the trees. In both instances, what we may lack is a creative outlook on the situation at hand. In negotiations, creativity can lead to value-creation for both parties. Coming up with innovative ideas in the middle of the collaborative process can be difficult so how does the skillful negotiator change her mindset to become more creative? The March 2012 issue of the Negotiation newsletter offers three practical tips for obtaining more creative deals with your counterpart in negotiation.

Should Your Boss Be at the Negotiation Table?

Posted by & filed under Meeting Facilitation.

Imagine that you are about to begin a negotiation whose subject matter is squarely within your area of responsibility at my company. However, the dollar amounts at stake are so large that you are tempted to kick it upstairs to your boss, or at least involve your boss directly in the negotiation. What are the pros and cons of doing so?

Navigating the Mediation Process

Posted by & filed under Mediation, Negotiation Skills.

Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement.
Negotiators often feel unprepared for mediation. The very

Touchy-feely Negotiators?

Posted by & filed under Negotiation Skills.

In a series of studies, Joshua M.Ackerman of the Massachusetts Institute of Technology, Christopher C. Nocera of Harvard University, and John A. Bargh of Yale University explored how the feel of physical objects could arbitrarily be influencing our choices without our knowledge.

In one study, the researchers asked passersby to evaluate a job candidate by reviewing

How Lawyers Affect Mediation

Posted by & filed under Mediation.

How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator.

That conventional wisdom is contradicted by new research by

Resolve Conflict by Asking the Right Questions

Posted by & filed under Negotiation Skills.

Sometimes asking a simple question can move you from deadlock to deal. Yet negotiators often neglect to ask key questions because it doesn’t occur to them to do so or  because they don’t want to appear weak or uninformed. Even when we do remember to ask the other side questions, we sometimes ask questions that

Offer Your Counterpart a Graceful Retreat

Posted by & filed under Business Negotiations.

Sometimes negotiators back themselves into a corner by taking a tough stance that brings talks to an impasse. In such cases, they are likely to view retreat as a sign of weakness – a surefire way of losing face. To move talks forward, you’ll need to help the other party make a graceful retreat, write

Managers: improve your team members’ negotiating power

Posted by & filed under Business Negotiations.

Research on stereotypes has reached conclusions about how lack of power and status can affect performance on negotiation and other tasks. Laura Kray of the University of California at Berkeley and her colleagues found in their research  that women negotiators performed worse than men when they were led to believe that their performance reflected negotiating