ALI-ABA

By Barry Goldman

In THE SCIENCE OF SETTLEMENT  you will learn:

Why the rational self-interest model of human beings simply does not adequately describe negotiation behavior. (See Chapter 1.)

How biases tend to promote overconfidence and intransigence, not only in the parties but in their negotiators. (See §2.01.)

How an effective negotiator’s strategy works with rather than against the opponent’s biases. (See §§2.01–03.)

How the sides in a negotiation get locked into counterproductive positions, blocking mutually beneficial settlements. (See §3.03(a)-(x).)

 What steps a negotiator can take to ensure that the next encounter with an opponent will not be a grudge match. (See Chapter 4.)

 Why mediators should consider using a specific risk-free technique after a deal has been reached to help participants extract more overall benefit from the negotiation. (See §4.03.)

How a mediator can actually leverage illusions and biases to increase the likelihood of settlement. (See Chapter 5.)

 Why it is naive to expect any new system of dispute resolution to be permanent. (See Chapter 6.)