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The Impact of the Impact Bias on Negotiation
(Marquette Law Review, 2004)
The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption ...
Using Bargaining for Advantage in Law School Negotiation Courses
(Ohio State Journal on Dispute Resolution, 2000)
Options, options, options ....The Negotiation literature-at least the "problem-solving" or "interestbased" or "principled" negotiation literature'repeats this mantra over and over and over. It seems self-evident that having ...
The Lawyer's Dilemma: To Be or Not to Be a Problem-Solving Negotiator
(Clinical Law Review, 2007)
Clinical legal education has not paid sufficient attention to developments in the theoretical understanding of negotiation. A growing body of scholarship on legal negotiation endorses a problem-solving approach to negotiation, ...
Principles of Influence in Negotiation
(Marquette Law Review, 2004)
Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the ...
Heuristics and Biases at the Bargaining Table
(Marquette Law Review, 2004)
In this essay, written for a symposium on The Emerging Interdisciplinary Cannon of Negotiation, we examine the role of heuristics in negotiation from two vantage points. First, we identify the way in which some common ...