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 …
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 …
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 …
Business litigation involves presenting issues with business and corporate entities to the courts and arguing on behalf of business entities in court. A variety of 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 …
What is distributive negotiation exactly? Anyone who participates in negotiation has dealt with a situation where one party seeks to gain more and more until a good deal is too far away to reach. When the bargaining breaks down, and each person focuses on their own goals, it shifts from integrative bargaining to distributive negotiation. …
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 …
When facing a legal dispute, one consideration that has to be made is whether to choose mediation vs litigation to settle it. Alternative dispute resolution such as mediation is less costly but there are many reasons to choose the litigation process. Comparing the two processes will often result in a lot of differences, and the …