The power dynamics within organizations and groups are often complex and interwoven into the fabric of daily operations; legitimate power stands as a beacon of authority and structure. Rooted deeply in the organizational hierarchy, legitimate power offers a framework through which leaders and managers exercise control and influence over their teams. We can point to …
In the realms of entrepreneurship, self-development, and career progression, the adage “fake it till you make it” has been both a beacon of hope and a subject of controversy. At its core, this philosophy endorses the idea of emulating confidence, competence, and an optimistic mindset until these attributes become ingrained realities. But how practical is …
Exploring examples of counterclaims can be beneficial in helping a party understand what issues they can raise against someone who has brought a civil lawsuit against them and how they may try and recover against the same party. It can also help a party understand when they may have to bring the counterclaim at that …
When parties have difficulty discussing the issues with the other party in the room, the mediator may decide to move to caucus mediation. Caucuses can be a powerful tool in mediation, but some downsides need to be considered when considering a caucus. The mediator’s style will also impact when caucuses are used. Some mediators begin mediation …
The idea that conflict will have either constructive or destructive results is the main thesis behind Morton Deutch’s The Resolution of Conflict. Deutch’s 1973 work paved the way for much further sociological and psychological research on the effects of conflict and how it can influence our lives. Understanding this model can be key to working with …
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 …
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 …
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 …
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 …
A contingent contract may sound like an oxymoron, as the finality of contracts is often emphasized. Still, the flexibility of negotiating contingent agreements can help keep a contract intact, even if the parties’ position changes. Negotiating the terms of a contract can be difficult, and when the parties cannot reach an agreement because of something …