When you download the New Conflict Management: Effective Conflict Resolution Strategies to Avoid Litigation you will learn how wise negotiators extract unexpected value using an indirect approach to conflict management.


conflict of interest

When the interests of an individual or party interferes with the successful performance of an unrelated, though markedly similar, task.

The following items are tagged conflict of interest:

What is Divorce Mediation?

Posted by & filed under Mediation.

A divorce can take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be overwhelming, especially when the principals are barely speaking to each other. In the worst-case scenario, separating spouses hire cutthroat lawyers to make rigid (and sometimes outrageous) … Read More 

PowerScreen Problem

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Bruce Patton, Mark Gordon and Andrew Clarkson Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developed … Read More 

Camilia Pictures

Posted by & filed under .

Robyn Cali and Robert C. Bordone Two-party, multi-issue, potentially integrative settlement negotiation between lawyers for a large entertainment conglomerate and its wholly-owned film production company over the rights to a new documentary film and the clients’ future relationship … Read More 

The Impact of Anxiety and Emotions on Negotiations: How to Avoid Misjudgment in Negotiation Scenarios

Posted by & filed under Negotiation Skills.

Intense negotiation scenarios, we often choose to consult an expert for advice, preferably someone who has carried out hundreds of similar deals with great success. When we consult with others on our negotiations, we must weigh their advice against our own opinions and research. Past negotiation research finds that we tend to undervalue advice from … Read More 

A Contingent Agreement Can Allow Negotiators to Agree to Disagree

Posted by & filed under Negotiation Skills.

Negotiators often try to overcome their differences of opinion about how future events will unfold through persuasion techniques. A more fruitful approach might be to “bet” on your differing views with a contingent agreement. By adding incentives or penalties based on future performance to your contract, you protect both parties against risk. … Read More 

How Short-Term Focus Contributes to Future Disasters in Business Negotiations

Posted by & filed under Business Negotiations.

Negotiators tend to concentrate too closely on the here and now. By incorporating future concerns into your talks, you’ll make sounder decisions and guard against crises. In the midst of the current U.S.financial crisis, accusations of greed on Wall Street have sounded across the globe. Greed may be a significant factor in the collapse of credit … Read More 

The High Cost of Bad Advice at the Negotiation Table

Posted by & filed under BATNA.

If you’re thinking about buying a house, one of your first moves may be to choose a real estate agent who can advise you through the process. If you want a big-name publisher to buy your book, you probably will try to sign on an experienced literary agent as your counselor and advocate. Less formally, … Read More 

When armed with negotiating power, use it wisely

Posted by & filed under Business Negotiations.

The buzz of excitement that arose in February at the news that Harper Lee, author of the beloved novel To Kill a Mockingbird, would be publishing a second novel quickly turned to concern. The 88-year-old Lee, who suffered a stroke in 2007 and resides in an assisted-living facility in her hometown of Monroeville, Alabama, long … Read More 

Dear Negotiation Coach: Learning from experience

Posted by & filed under Business Negotiations.

Q: I work with a group that has completed several mergers and acquisitions on behalf of our organization in recent years. We would like to assess how well we have done and where and how we might improve. What’s the best way to go about this? A:Across all kinds of business negotiations, assessing a team’s performance … Read More 

Corruption: The Unaddressed Elephant on the Global Stage

Posted by & filed under Daily, Events, The Kelman Seminar.

The Herbert C. Kelman Seminar on International Conflict Analysis and Resolution is pleased to present: Corruption: The Unaddressed Elephant on the Global Stage with

William English Research Director of the Edmond J. Safra Center for Ethics and Research, Fellow at the Harvard Initiative for Learning and Teaching  and

Vladimir Radomirović  Serbian Investigative Journalist, 2015 Nieman Fellow Monday, May 4, 2015 4:30 PM – 6:00 PM CGIS South, Room … Read More 

At the Office, Conflict Management is Key

Posted by & filed under Conflict Resolution.

In the workplace, misunderstandings, power struggles, and stress can cause conflict to fester and take a toll on productivity. The best organizations put in place conflict management processes and systems to confront conflict directly. Unfortunately, too many organizations fail to do so—and suffer the consequences of sweeping conflict under the rug. Take the case of Paradigm … Read More 

Coping with conflicts of interest

Posted by & filed under Business Negotiations.

Negotiators and other decision makers sometimes have the difficult task of remaining impartial when facing a conflict of interest. The actions of the special committee of Dell’s board as the company’s CEO and founder, Michael Dell, moved forward with a leveraged buyout suggest precautions you can take when navigating such delicate situations. Taking stock of an … Read More 

When Others are Counting on You

Posted by & filed under Conflict Resolution.

Unless your official title is “lawyer” or “agent” you probably don’t think of yourself as an agent. But if you’ve ever represented a family member, your boss, your department, or your organization in a negotiation, you’ve served as that party’s agent. Representing others at the bargaining table creates both opportunities and hazards. In their book, Negotiating … Read More 

Negotiator toolbox: Capitalize on differences

Posted by & filed under Business Negotiations.

The problem: You and your negotiating counterpart express differing opinions about the future success, performance, or timeliness of an item or service. A homeowner might be skeptical of a contractor’s promise to complete an extensive remodeling project within six months, for instance. Differing forecasts can breed suspicion and stand in the way of agreement. The tool: … Read More 

Why Disclosure Doesn’t Work

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Negotiating with Your Advisers,” first published in the Negotiation newsletter. Our most trusted advisers face conflicts of interest between what is best for them and what is best for us. An attorney might give different advice about whether to settle a lawsuit depending on whether she would be paid by the hour or receive … Read More 

When Compromise Fails

Posted by & filed under Daily, Negotiation Skills.

Adapted from “The Dangers of Compromise,” by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter. In July 2000, Arthur Levitt, then chairman of the U.S. Securities and Exchange Commission (SEC), held hearings on the question of auditor independence. Believing that auditors’ close ties to their clients posed a conflict of interest … Read More 

A more cooperative divorce

Posted by & filed under Negotiation Skills.

Adapted from “Negotiating a More Civil Divorce,” first published in the Negotiation newsletter. In the United States, lawyers who recognize the benefits of collaborative negotiation are sometimes stymied by vengeful clients and ruthless opposing counsel.  Many attorneys put up with a contentious settlement process in which litigation is a threat. Yet some U.S. lawyers have begun … Read More 

Should You Trust Your Agent?

Posted by & filed under Business Negotiations.

You’ve found a beautiful condo that you’d like to call your own. You conduct a thorough assess¬ment of its value and identify several other ap¬pealing properties in the same neighborhood and price range. Believing you’ve found the magic bid, you phone your real-estate agent. … Read More 

To Avoid Disaster, Plan Ahead

Posted by & filed under Business Negotiations.

In the midst of the recent financial crisis, accusations of greed on Wall Street have sounded across the globe. Greed may be a significant factor in the collapse of credit markets, but it’s not the only one. Overlooked in cries to punish the “bad apples” is the role of a mistake that virtually all negotiators … Read More