Negotiation

Settlecasting: The Right Number at the Wrong Time is the Wrong Number

Conventional wisdom holds that there are seven stories in Hollywood, each consistently retold in contemporary screenplays. Does negotiation also take on predictable patterns? Here we will look at cases that settled and didn’t, with info-graphics plotting the dollar concessions and the time it takes to make them. We’ll also look at a computer program that predicts negotiating outcomes 80% of the time while helping negotiators develop successful concession patterns based on successful cases, PictureItSettled.com.

Cari Almo, Debevoise & Plimpton, New York, NY
Don Philbin, Picture It Settled, San Antonio, TX

 

Trust As Social Adhesive: Implications for Negotiation, Conflict Intervention and Governance

Interpersonal trust has long been identified as relevant to many essential issues in dispute resolution: cooperation, information sharing, integrative negotiation, and effective mediation.  With the evolution of the conflict field, the issue of trust bears revisiting. What have the past thirty years of conflict intervention taught us about trust?  How does trust affect conflict engagement decisions by various actors?  What questions does the core trust literature leave to be explored?  How does culture affect trust at both individual and social levels?  Finally, to what extent and how does interpersonal trust scale up to public conversations, civic dialogue, and governance?

Noam Ebner, The Werner Institute, Creighton University School of Law, Omaha, NE
Jacqueline N. Font-Guzmán, The Werner Institute, Creighton University School of Law, Omaha, NE
Bernie Mayer, The Werner Institute, Creighton University School of Law, Omaha, NE
Palma Strand, The Werner Institute, Creighton University School of Law, Omaha, NE

 

Mediating Positional Bargaining in Insured Claims and Other Claims for Money

Impasses in negotiations about money are numerous and predictable: The parties threaten to "walk out"; they tell mediators to "go get me a reasonable proposal"; and they make low/high ball proposals in retaliation against the other party's "inadequate move". These negotiations are characterized by positional bargaining which stubbornly resists reframing as interest-based conversations. This session is a practical skills seminar using presentations, demonstrations, and interactive discussion to show how mediators can deal with the accusations of "insulting offers" and "bad faith proposals" which are so prevalent in positional bargaining, by using classical mediation skills and processes instead of the directive and evaluative techniques that are often associated with civil court mediations.

Andy Little, Mediation, Inc., Chapel Hill, NC

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