In this article, we discuss what negotiators need to be aware of to avoid negotiation games in the courtroom. That proved true back in Junewhen an exasperated federal judge, the Honorable Gregory A. Presnell, ordered litigants to play a game of Rock Paper Scissors if they could not privately resolve their differences over a procedural issue.
The lawyers were stalemated on where to depose a witness in the case, despite the fact that their offices were located just four floors apart in the same building.
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Many took the order as yet another exhibit in the case against shortsighted lawyers—and an attempt to shame them and their clients into more constructive behavior. This judicial tactic, of course, goes back to Solomon.
Perhaps shamed by the publicity their case sparked worldwide, the attorneys privately agreed on a venue for the deposition. Rock Paper Scissors Championship, which took place that spring. In addition to more than engaging negotiation gamesthe Teaching Negotiation Resource Center also offers a wide range of effective teaching materials, including:.
Most TNRC negotiation games and teaching materials are deed for educational purposes.
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They are used in college classroom settings or corporate training settings; used by mediators and facilitators seeking to introduce their clients to a processor issue, and used by individuals who want to enhance their negotiation skills and knowledge. Which negotiation games have you found to be successful?
Share them with us in the comments. That was the least serious offense but these incidents highlight the advantage of negotiation over the riskiness of litigation.
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At least the federal judge gave the attorneys control over the outcome of the game. Save my name,and website in this browser for the next time I comment. This discussion was held at the 3 day executive education workshop for senior executives at the Program on Negotiation at Harvard Law School. Remember Me This setting should only be used on your home or work computer.
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