Comments on: Outwitting the leopard: deception at the negotiating table http://mediationchannel.com/2009/03/17/outwitting-the-leopard-deception-at-the-negotiating-table/ Talking about mediation, negotiation, conflict resolution, and law Mon, 17 May 2010 12:20:05 +0000 hourly 1 http://wordpress.com/ By: Diane Levin http://mediationchannel.com/2009/03/17/outwitting-the-leopard-deception-at-the-negotiating-table/#comment-1781 Thu, 19 Mar 2009 03:44:55 +0000 http://mediationchannel.com/?p=1431#comment-1781 Vickie, great points about principled negotiation. You’ve reminded me of a wonderful post by Ken Adams at Adams Drafting on contracts as a relationship building tool.

]]> By: Vickie Pynchon http://mediationchannel.com/2009/03/17/outwitting-the-leopard-deception-at-the-negotiating-table/#comment-1779 Wed, 18 Mar 2009 23:41:37 +0000 http://mediationchannel.com/?p=1431#comment-1779 I meant, not quite so important in interest-based as it is in DISTRIBUTIVE (zero sum) bargaining outcomes. Also, if the parties interests are genuinely SATISFIED (no splitting the baby) then enforcement is not such a great issue and the need for legal processes to force people to accept unhappy outcomes not so important. (I know this sounds kum-by-ya, but interest-based outcomes always leave my disputants far happier than tough competitive negotiations).

]]> By: Vickie Pynchon http://mediationchannel.com/2009/03/17/outwitting-the-leopard-deception-at-the-negotiating-table/#comment-1780 Wed, 18 Mar 2009 23:38:39 +0000 http://mediationchannel.com/?p=1431#comment-1780 Yes. I second & third John’s sentiment (“hi John!”). You’re really on a roll here with some great insights, Diane! As to protection against lying, as an old contract dispute litigator, I choose contracts as the best protections against deception. WHEREAS and condition precedent clauses do quite nicely to hold people to their representations, i.e., the agreement will be of no force and effect if any of the following representations of Party A are incorrect . . . . 1. 2. 3. 4. . . . . or even better, this agreement does not become effective until Party A has delivered the following (specific) evidence of the accuracy of the following representations . . . 1. 2. 3. 4. As Leigh Thompson has pointed out in the Mind and Heart of the Negotiator, when parties state their INTERESTS (motives, goals, needs, desires, fears) there is generally little reason to lie, i.e., in the classic “split the orange” story, no reason for Girl A to say “I need the rind” and the other to say “I want to eat the orange.” For this reason, protection against deception is not quite so important in interest-based as it is in integrative bargaining outcomes.

]]> By: John Shaffer http://mediationchannel.com/2009/03/17/outwitting-the-leopard-deception-at-the-negotiating-table/#comment-1782 Wed, 18 Mar 2009 17:53:49 +0000 http://mediationchannel.com/?p=1431#comment-1782 Diane,

I’ve been following your recent posts. It’s great to have you back on line. Your words were missed, as were you. Hope all is well. John

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