Whether or not to use boilerplate language in a contract is a question that is often considered in contract negotiation. However, it can be difficult to determine what the best boilerplate language is to include. There will also be situations where one of the parties is unaware of what boilerplate language is and how it …
Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial. But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …
In the early stages of a case, the parties may find out that they are required to attend a meeting called a case management conference. A case management conference is the first step in moving the case forward and gives the judge and the parties the chance to see what the case is about and …
Famed psychologist Paul Ekman calls anger one of the six basic emotions. He notes that its expression is universal across cultures. Even as infants, we instinctively recognize and react to its presence in those around us. According to Ekman, anger originates when an important goal is frustrated, or someone tries to hurt us or someone we feel responsible for, physically or psychologically. Under this definition, anger is a response to threatening external stimuli, which is often accompanied by a desire to hurt the source of the anger producing events.
…Continued from Part 2: In previous articles, we’ve discussed what a BATNA and a WATNA are, the purpose of identifying a BATNA and WATNA, some possible alternatives to consider, and two analyses that parties can use to identify their BATNA and WATNA. This article will discuss the strategies that a mediator may use to help …
…Continued from Part 1: Back to discovering and using what the negotiation world calls a BATNA and WATNA, this article will continue to move through an analysis to help the parties discover the alternatives that will drive how they negotiate and settle a dispute. The previous article discussed the importance of moving through a BATNA/WATNA …
In the first of this pair of articles, we discussed the definition of a power imbalance, identified the types of power that may be utilized against another party, and the early signs of a power imbalance. Once a neutral identifies that one of the parties has more power than the other and is using their power to make the negotiations end in their favor, it is important for the neutral to act quickly to attempt to bring the power in the negotiations into balance between the parties.
Our brains are mostly divided into two hemispheres. They each have their own way of responding to conflicts, although there is some overlap. Our brains are really a combination of parts that serve different purposes. They take turns in dominating our thinking at times and generally work together – just as we have many muscles in our arms that work together rather than just one muscle.
If you are a conflict resolution professional, you are very likely to meet with angry, confrontational, and aggressive people on an almost daily basis. You may even be called in specifically to deal with them, if you are an HR professional or an ombuds. It’s almost inevitable. People in conflict are almost always emotional. Even business disputes aren’t “just business.” Our emotions affect every decision we make.
James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.