This article examines the predictability of distributive bargaining between two negotiators, and conditions that might distort that predictability. It also introduces the important concept of the ‘negotiation dance,’ which is basic to the study of the negotiation process. Negotiation is a social act; of communication and discovery between two or more people, with the goal …
By Scott C. Van Soye It’s after lunch, and Fred’s feeling pretty good as he sorts through today’s mail. Ah! There it is, Tom Smith’s response to Fred’s settlement offer in Ajax Accounting v. Johnston. It’s a solid offer, and Fred smiles as he thinks about the vacation he’s going to take during what are …
Can you back out of a settlement agreement if you have changed your mind? Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you. The gulf between initial expectations and final settlement can be …
When negotiating, the parties must find the zone of possible agreement or the ZOPA. Finding this zone will not only help the parties identify a way to agree with one another, but it will also help frame the negotiation to ensure that it can be completed. When the parties can identify the ZOPA, they can …
Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process. This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs. The …
What are impasse solutions in negotiation? We negotiate our way through life. Every day, we enter into a series of agreements and exchanges to meet our needs. “Negotiation” is simply a communication process between people who are trying to meet their needs and goals regarding something and need their negotiating counterparts’ cooperation to do so. …
If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case. Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …
We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …