Reasons for Failed Negotiations There are many reasons for failed negotiations. Emotion is often a reason that people cannot resolve their differences. When individuals are highly emotional, they lose the ability to think clearly and to fully evaluate the risks in continuing the controversy. Pride, ego, vengeance, and many other factors combine and contribute to creating negotiation roadblocks. Many of these factors have emotional and psychological connections. The focus of this article considers how these factors impact decision-making, and will provide new skills, review old ones, and assist with integrating techniques into a plan that may help find common ground.…
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Factors to Consider Finding the Right Mediator Mediation is a dispute resolution process that is now more popular than arbitration. Many contracts require parties use mediation, if a dispute arises; and courts have adopted the use of mediation to help reduce the number of cases headed to trial. Yet with all this popularity, there remains a significant problem with using mediation: getting the “wrong” mediator. Selecting the “case appropriate mediator” saves resources and increases the probability of settlement. This article’s focus is on what to consider when selecting an appropriate mediator.
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How to Encourage Fairness in Negotiations Parties often start with unreasonable offers when negotiating with one another, which can needlessly draw out the resolution process. Max H. Bazerman and Daniel Kahneman discuss how using final-offer arbitration can encourage all participants to start with more realistic offers. To read the full article in Harvard Business Review, click: How to Make the Other Side Play Fair.