Topic
Negotiation
197 published works
The Mediation and Negotiation Blog
Mediation and the Science of Decision Making Part VI: People Hate Losing More Than They Love Winning. Losses Loom Larger Than Gains.
By steveng-pearlmediationandnegotiation-blogspot-com
A third principle of Daniel Kahneman’s work, together with the idea that people evaluate losses and gains relative to their reference points (discussed here) and the idea that people have…
PropertyProf Blog
Blumenthal on the Endowment Effect
By propertyprof
Jeremy Blumenthal (Syracuse) has posted Group Deliberation and the Endowment Effect: An Experimental Study (Houston Law Review) on SSRN. Here's the abstract:The “endowment effect” (EE) — the tendency to value…
NJ Family Legal Blog
Putting A Stop to Threatening, Bad Faith Negotiations
Recently, I was involved in a negotiation that seemed, for the first time, to be moving in the right direction. However, at one point when it was getting toward the…
Class Action Countermeasures
Negotiation Studies – Pirates!
By The Editors
As one might expect from a holiday week, last week produced few class action opinions. On the other hand, the Economist had an excellent article on the peculiarities of bargaining…
International Law Prof Blog
UN Continues Work to Solve Western Sahara Dispute
Those of you who teach the International Court of Justice's advisory opinion in the Western Sahara case in international law classes may be interested to know that the matter is…
China Law Blog
The Lawyer’s Role in China Business Transactions
By Dan Harris
When negotiations start stalling between my firm's client (typically an American or European or Australian company) and their Chinese counter-party, our client will often request one of my law firm's…
#AssociateLife @BilzinSumberg
What is the Difference Between a Bilzin Sumberg Summer Associate and a “Pitbowl”?
[caption id="attachment_502" align="alignright" width="241" caption="Confetti flies at the Miami Heat victory parade"][/caption] So far this week, contention has been the name of the game. Monday, Miami celebrated the Heat's victory with…
Class Action Countermeasures
Negotiation Studies – Priming versus the Prisoner’s Dilemma
By The Editors
Years ago, I took part in a mediation for a small consumer class action--not my first, and hardly my last. In that case, the mediator did something unusual, she showed…
Class Action Countermeasures
Negotiation Studies – The Anchoring Problem
By The Editors
I've written before about priming, the tendency of us humans to adopt emotional states if we are exposed to words with emotional content. But there are other psychogical effects that…
Class Action Countermeasures
Negotiation Studies – The Dark Side of Having Options
By The Editors
Last week, I talked about some of the limitations of using Getting to Yes when negotiating class actions. But Getting to Yes has other limitations as well, ones well worth…