SIP Continues: Online Dispute Resolution (ODR)

More and more disputing parties and attorneys are turning to online dispute resolution (ODR) during extended Shelter In Place, and online mediation is most likely the new “normal,” here to stay. It may be reassuring to know that this is not a new trend, and the...

Prisoner’s Dilemma (Covid-19/Shelter In Place Special)

Does Shelter In Place make you feel like a prisoner? In game theory, the prisoner’s dilemma is a famous example of why two completely “rational” individuals fail to reach an equilibrium point (unless they figure out how to cooperate). It is a paradox in decision...

Listening – The Secret Sauce Of Negotiation

While the list of “important” negotiation skills is robust, if I had to pick one above all others, it’s listening - which is both terribly important and terribly underutilized. In the early 2000’s during my initial training as faculty for the Center for Negotiation...

Cognitive Traps part 4: Endowment Effect

Once people own something (or have a feeling of ownership) they irrationally overvalue it, regardless of its objective market value. People feel the pain of loss twice as strongly as they feel pleasure at an equal gain, and they fall in love with what they already...

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