There is a whole lot of empirical research that explains why so many negotiations fail to yield optimal results - and that teaches us ways to improve the odds that we will do better. On the hunch that most busy lawyers don't spend much time reading social science journals, I thought I'd summarize some of the key points.
First, how bad is the problem? One key source of poor negotiating is overconfidence - and it is ubiquitous. St...
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