Dispute Resolution: Mandatory Arbitration Agreements Under Fire
A shake-up is afoot regarding large companies’ use of mandatory arbitration to settle disputes with consumers. … Read This Post
A Second Look at Rights of First Refusal
When transferring property, sellers sometimes insist on rights of first refusal—the chance to be first in line to repurchase the property if their buyer later decides to … Read A Second Look at Rights of First Refusal
Adaptability at the Bargaining Table: How Improvisation and Jazz Music Inform Negotiation Strategy
Aggressive tactics and hard-bargaining strategies may, at face value, provide a roadmap to success at the bargaining table but, as the Washington Post’s Kelly Johnson discovered in … Read This Post
Negotiating with Your Agent
Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind … Read Negotiating with Your Agent
How to Bargain for a Mutually Beneficial Agreement
We tend to view job negotiations as battles over a fixed pie of resources: A higher salary for the employee means lower profits for the employer. More … Read This Post
How to Avoid the Negative Impact of Goal Setting: Setting Realistic Objectives in Negotiations
Imagine that you’re a freelance marketing consultant who is negotiating the conditions of a long-term assignment with a new client. As you think about what you will … Read This Post
The Right Way to Say I’m Sorry
On April 6, former Massey Energy CEO Donald Blankenship was sentenced to a year in prison and a $250,000 fine, the maximum punishment allowed, after receiving a … Read The Right Way to Say I’m Sorry
Conflict Management Training and Negotiation Research: How Nervous Energy Affects Negotiation Scenarios and Attempts at Conflict Resolution
Negotiation is often characterized as a physiologically arousing event marked by pounding hearts, queasy stomachs, and flushed faces. We might assume that heightened physiological arousal would mar … Read This Post
Negotiation Research Demonstrates the Impact of Memory on Decision Making Processes in Bargaining Scenarios
Recent negotiation research published by Psychological Science from Program on Negotiation faculty member and assistant professor at Harvard University’s Department of Psychology Joshua Greene and his colleague … Read This Post
What is a “Brokered Ultimatum”?
Researchers Aleksander Ellis, Stephen Humphrey, and Donald Conlon of Michigan State University and Catherine Tinsley of Georgetown University have studied this new transactional form, which they call … Read What is a “Brokered Ultimatum”?
Contingency Agreement: The Risks and Pitfalls of Issuing Drafts
A draft agreement may allow you to control the early stages of talks, but be aware that it also can obstruct agreement in the long run. Putting … Read This Post
Make the Most of Mediation in Negotiations and Dispute Resolution
What at first seemed like a minor misunderstanding has spiraled out of control. A Chicago-based printing company hired your Chicago-based IT consulting firm to train its staff … Read This Post