Faculty Blog
MAXIMIZING JOINT RETURNS WHEN NEGOTIATING
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
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
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
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 [...]
REASONS TO CHOOSE JOINDER OF CLAIMS
Rule 18 is the primary rule of federal civil procedure governing the joinder of claims by a litigant. It is a permissive rule in that it does not require the joinder of any claims with leaves that choice up to the advocate and her client. From a purely procedural perspective, if your client has a [...]
GIVE YOUR LINKEDIN PROFILE MORE SEO IMPACT
Most professionals, certainly most lawyers have LinkedIn profiles by now (at least those under 55). Most don’t know why they have them, except someone in Marketing told them they needed one, or what to do with them once they’re online. Fair enough; there’s still significant debate regarding how lawyers can benefit from social media and [...]
HOW TO USE OPEN-ENDED QUESTIONS
An open or non-leading question showcases the witness and not the advocate. It invites a complete answer from the witness on a topic chosen by the advocate. You can always tell an open question and corresponding answer because the witness will talk for a longer period of time than the advocate. There are a variety [...]
LEGAL NEGOTIATION: IMPORTANCE OF NEGOTIATION PROCESS
Many individuals find bargaining interactions to be highly stressful experiences. As a result of their anxiety, they behave in an unpleasant manner. Such conduct adversely influences the negotiation process. Recent studies by Professor Rebecca Hollander-Blumoff have discovered that when bargaining parties believe that the negotiation process was fair and they were treated respectfully, they are [...]
USING HEADLINES IN WITNESS EXAMINATIONS
A Headline is a statement consisting of two parts: an introductory phrase and a topic. There are three main types of Headlines: (1) basic introductory phrases, (2) transitional introductory phrases, and (3) looping or coupling introductory phrases. It is important to remember that Headlines are statements, not questions. We use them to signpost the direction [...]
COUNSELING THE HR FUNCTION: SCOPE OF HR ACTIVITIES
New attorneys asked to counsel the HR function at their clients often have initial difficulties because all they know is how to organize issues and problems by reference to various federal and state laws and regulations. In order to be effective as an “HR counselor” you need to understand how HR departments break out their [...]