Disputes

December 3rd, 2018
Red hand with the capital letters NO exclamation point in white - implying talk to the hand - No way

When we are angry, we flood our body with various chemicals and hormones. That can be very negative in a business setting. This article addresses how to address anger or sadness in a negotiation.

November 19th, 2018
The shape of a brain with words describing feelings written within the shape

What are the influences that persuade us to change our minds? Tali Sharot is the author of a new book entitled The Influential Mind: What the Brain Reveals About Our Power to Change Others . She offers some great ideas. She suggests seven key thoughts on this topic that I found very insightful. I thought you may find these interesting too. 

October 1st, 2018
Two individuals shaking hands across a table after a negotiation

In some negotiations it seems like the deal will never close. This can be a technique used by one side to wear down the participants of the other side, it could be the result of factors beyond the control of participants or something else that you may never know. This commentary addresses such a situation, when you need or want to close the deal and the other side does not. What should you do? This article addresses this question.

September 24th, 2018
A hand holding up a pole.  On the pole are signs pointing each direction that state "I don't know"

Sometimes both parties agree to disagree, but it can be possible for the parties to come up with a contingency agreement to memorialize perspectives and set up the parties for success in the future.  This commentary addresses this type of situation.  This may essentially be a bet on the future that both parties can live with going forward.

How about the IRS?

September 10th, 2018
Person with paint roller painting over the word "Problem" and standing in front of the words "No Problem"

Often when two parties are in a conflict with one another, one party feels more aggrieved than another. At other times the conflict is symmetric and both parties feel equal coming into a negotiation. This commentary addresses how to evaluate the situation when the situation is asymmetric and what can be done when one party feels very aggrieved and the other does not share in this perception.

June 18th, 2018
Baby sleeping soundly in a car seat

Focusing on conflict resolution and collaboration I have found one of the keys for decision makers to make great decisions has to do with having enough sleep. This blog provides two very good resources for you if you are having trouble getting enough sleep. With the right amount of sleep, you will be less irritable, and you will be able to see the world in a more positive light. This can lead to less conflict and help you see more opportunities for collaboration.

May 28th, 2018
Collie looking questioningly at the camera

Dispute resolution may begin with a negotiation, move into mediation and could eventually require arbitration or litigation. Generally, most negotiations move smoothly and do not need to escalate to the other levels. In other situations, the parties may move to one of the other levels immediately. The less expensive and the least time-consuming approach is the negotiation without having to escalate to one of the other levels.

May 14th, 2018
Two shadows of individuals having a discussion with each other with the scales of justice in the background

Working with clients with issues at the IRS there are five steps to consider along the way. These are preparation, discussion, clarifying interests, negotiation, documentation of the agreement.  These five elements are addressed in terms of an IRS negotiation.  It is not always possible to have a wonderful negotiation, but these five steps can certainly increase the probability of success.

May 7th, 2018
A pair of worn white roller skates with long red shoe laces

Two very real-world questions for you are: how should you dress for a negotiation, mediation, conflict resolution or a collaboration; and how may your dress influence the process?

How you dress may not really matter, but on the other hand dress may be very important. Whether it is or not here are some things to consider.

March 26th, 2018

BATNA is an acronym for Best Alternative to a Negotiated Agreement.  This article addresses the definition and how you can use it for a more effective negotiation, even with difficult people.

Generally, you know your starting point, called your position and you may be able to define the other side’s starting point, known as their position.  Knowing two positions you have a range of possible alternatives not knowing anything else including interests.

March 19th, 2018
Clear water with fish just below the surface

In a negotiation a common question is what types of information can be revealed and if so how much of that information should be revealed in a negotiation? Many factors enter into this question. This article explores three of the most common elements.

March 5th, 2018

We all negotiate with others. Sometimes the other party can be very difficult to work with. Our best option may to avoid that negotiation and go elsewhere, but sometimes that is not an option. This article addresses this issue.

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