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From the Faculty

MAXIMIZING JOINT RETURNS WHEN NEGOTIATING

February 24, 2012 By: Charles B. Craver

Once bargaining parties have achieved mutually acceptable terms, they tend to think their interaction is complete – forgetting one last stage. During the Cooperative Stage they should work to maximize their joint returns. Throughout the prior stages of their interaction, both sides have usually over- and under-stated the value of the items being exchanged for [...]

REASONS NOT TO CHOOSE JOINDER OF CLAIMS

January 27, 2012 By: Charlie Rose

Given the advantages of joinder, and the res judicata risk of not asserting all possible claims, what would be the reason to refrain from stacking multiple claims together against your adversary in a lawsuit?  Let’s consider three primary potential disadvantages that come immediately to mind.  First, surrounding one good claim with many weaker claims does [...]

THE PARADOX OF CHOICE

January 10, 2012 By: Charles B. Craver

When people negotiate, they must make many decisions about how to proceed and whether to accept particular terms. It is often assumed that the more options persons possess the easier it is for them to determine the optimal one. In The Paradox of Choice (2004), Barry Schwartz thoughtfully demonstrated that this assumption is incorrect. People [...]

THE IMPORTANCE OF INFORMATION EXCHANGE IN LEGAL NEGOTIATION

December 6, 2011 By: Charles B. Craver

When the serious discussions begin, negotiators have to generate efficient information exchanges. What is the optimal way to learn about the other side’s needs and interests? ASK QUESTIONS! The most effective bargainers ask twice as many questions as their less proficient cohorts. At the beginning of interactions, individuals should ask broad, open-ended inquiries which are [...]

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