Harvard Negotiation Law Review

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Archives for February 2009

The Self-Fulfilling Prophecy: The Value of Empowering Your Counterparts to Collaborate

Businessdictionary.com defines the Self-Fulfilling Prophecy as “[E]xpectations about circumstances, events, or people that affect a person’s behavior [such that] he or she (unknowingly) creates situations [that fulfill] those expectations.”  In other words, your predictions about a situation (and therefore how you act in that situation) will cause those predictions to come true.

But what does this have to do with you as a negotiator?  More than you think.  In a typical negotiation with at least two partners per side, your beliefs about them, and what you anticipate from them, will influence your actions, which will in turn influence their reactions.  When your counterparts on the other side of the table are in disagreement with each other, they look to you to confirm or disconfirm their various hypotheses.  Therefore, your actions inevitably and directly prove one side correct and the other incorrect, thereby empowering one faction over another, influencing their behavior and completing the cycle of self-fulfilling prophecies!

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No Silver Burress for Plaxico’s Bullets: How an Unstructured Approach to Problem-Solving Can Produce Mixed-Up Results

On November 28, 2008, New York Giants wide receiver Plaxico Burress accidentally shot himself in the thigh with an unlicensed handgun while partying at a New York City nightclub. Beyond the poor judgment of the incident itself was the short-sightedness of the team’s response to it, which demonstrated just how inadequate problem-solving can be when conducted without the use of a structured approach.

The major flaw lay in failing to properly diagnose the problem and failing to sufficiently brainstorm possible solutions. In this way, the Giants ended up treating the symptoms of the problem rather than the problem itself. Deliberately following a model such as the Four Quadrant Tool for problem-solving* would have helped the team avoid the classic misstep of jumping straight from describing the symptoms of a problem (step one) to generating an action plan going forward (step four).

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[Read more…]

About HNLR

Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic analysis.

The Harvard Negotiation Law Review works to close this gap by providing a forum in which scholars from many disciplines can discuss negotiation as it relates to law and legal institutions. It is aimed specifically at lawyers and legal scholars.

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