As I write this issue of the Gregory Negotiation Report, I am full of gratitude for a 22 year old male from the USA who donated his bone marrow to me for my bone marrow transplant. I am recovering nicely thanks to wonderful medical care and the love, prayers and support of family and friends. No negotiation advice this month, but some random quotes that I enjoy and find helpful. "Nothing is … [Read more...]
Welcome to the Gregory Negotiation Report
"The purpose of the Gregory Negotiation Report is to help attorneys become better attorneys and more effective negotiators."
Attorney & Mediator
David A. Lax and James K. Sebenius explore three psychological traps that often get in the way of effective negotiations because when parties view the process through a distorted psychological lens, they will have a hard time getting the interests right. "Three of the most dangerous traps are: the mythical 'fixed pie', self-serving role biases, and partisan perceptions." 3-D Negotiation … [Read more...]
"Turning Adversaries into Partners" is Part III of William Ury's book, Getting Past No: Negotiating in Difficult Situations (New York: Bantam, 2007), pp. 157-171. I strongly encourage you buy and seriously study Ury's book. Ury says the theme throughout your negotiation is to "...treat your opponent with respect-not as an object to be pushed, but as a person to be persuaded. Your goal is not to … [Read more...]
We have all heard clients say, "That is not fair." The typical response when a lawyer or mediator hears "It's not fair" is to say, "Fair is what happens in Dallas in October with Big Tex and the Texas Star Ferris Wheel, you need to be concerned about what is acceptable rather than what is fair." I even wrote an article once entitled, Don't Use the "F" Word. However, the customary response is not … [Read more...]
Positions are statements about what a party wants. Interests are the underlying reasons, values, desires and goals that that give rise to a position. The basic problem in a negotiation lies not in conflicting positions, but in conflicting interests. "Interests motivate people; they are the silent movers behind the hubbub of positions. Behind opposed positions lie shared and compatible interests … [Read more...]