Resistance Point in Negotiation: Explained

Resistance point negotiation

Resistance point negotiation is often considered one of the worst positions to be in; however, resistance points are a helpful metric when evaluating an offer or solution.  A resistance point is often discussed within the larger framework of the best alternative to a negotiated settlement as the farthest a party will be pushed in one …

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Understanding the Business Litigation Process

business litigation

Business litigation involves presenting issues with business and corporate entities to the courts and arguing for business entities in court. Various topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time to complete. Understanding business …

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What is Interest-Based Negotiation?

Interest-Based Negotiation

When the parties use interest-based negotiation, they often reach an agreement that all of them are content with walking away from the table. This is because they focus on identifying interests and creating value for each other as they negotiate. This article will outline the technique of conflict resolution, how it is used, and why …

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Understanding The Integrative Negotiation Style

Integrative Negotiation

While it is not a new concept, integrative negotiation is a tool that may feel new to some negotiators. When negotiations are starting to fall apart, and the parties seem to be making little progress toward an agreement, taking an integrative approach to negotiation may help the parties find common ground or a place where …

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Negative Sum Games: Situations That Destroy Value

Negative sum games – what does it mean? While most people attend a mediation or negotiation hoping to walk away with the most possible value, when the goodwill between the parties breaks down, they may leave the table with little to nothing to show for their work.  When both parties leave the table feeling as …

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Negotiation Checklist: 7 Basic Rules of Negotiation

Settlement Counsel

Are you looking for a negotiation checklist? We do a lot of our negotiation without much thought.  But getting good results takes forethought, preparation, discipline, organization, and knowledge.  To help prepare you for success, here are seven basic rules of negotiation: Rule #1: Always prepare for a negotiation Preparation and planning are critical for success …

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Positional Bargaining Explained

Positional Bargaining

Parties preparing for negotiation may need the term “positional bargaining” explained. Positional bargaining is a negotiation strategy used to drive the bargain and attempt to secure a possible value from a bargaining session. Many people view bargaining as a harsh and poor form of negotiation. While this style of negotiation often results in win-lose situations …

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Power Imbalance: How Factoring in Power Works

Imbalance of Power

The factors that contribute to power imbalance are often complex and difficult to notice daily, but over time, they contribute to an unhealthy dynamic if they are not addressed.  Imbalances of power can be found in every relationship, from our most vulnerable and trusted relationships with partners and best friends to workplaces or even in …

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Unmarried Couple with Child Splitting Up

Unmarried Couple with Child Splitting Up

Determining custody for an unmarried couple with a child splitting up requires a lot of consideration. In some ways, when an unmarried couple separates, the process is simpler than it is for married couples. A divorcing married couple has to separate their assets and property and has to inform the court of each of the …

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