Anyone who writes or talks about negotiation strategy eventually has to address Getting to Yes. It’s the 800 pound gorilla in the negotiation field, and it has produced a vocabulary that, while occasionally jargony and unwieldy, is in constant use. Far more importantly, it contains some outstanding advice on how to negotiate in almost
Insight from Other Strategists – Getting Things Done
Strategy is the art of making use of time and space. I am less concerned about the later than the former. Space we can recover, lost time never.
Last week, I wrote about how, once I was faced with monitoring of 50-odd class actions at once, I wound up developing a memo…
Insight from Other Strategists – The Negotiation Campaign
Negotiation consultants David Lax and James Sibelius, authors of the excellent book 3D Negotiation, have a new working paper out on what they call the "Negotiation Campaign." In it, they argue that the most successful negotiators do not consider their jobs to involve a single, big negotiation. Instead, they are engaged in…
Six Ways To Gain Rhetorical Advantage in Class Actions (Insight from Other Strategists – Dan & Chip Heath’s Made to Stick))
Last month, I wrote about an old article of Professor Cass Sunstein’s, on Outrage. In it, I mentioned that he discussed (albeit very briefly) an interesting idea, "rhetorical advantage." So, what does the term actually mean for folks interested in legal strategy?
What makes Professor Sunstein’s usage in Outrage so interesting is…
Insight from Other Strategists – Branch Rickey & Billy Beane
So, it’s the end of September. Let’s talk baseball. And, since my beloved Red Sox have reverted to their old habits, we’re not going to focus on this season. Instead, we’re going to go back nine years and sixty-four years. And we’re going to talk about two general managers. Billy Beane (the Brad…