There is, in the extensive literature on negations, much discussion of the concept of "issue linkage." In fact, it gets tossed around a lot without ever getting an explicit definition. But it’s a very helpful concept that arises out of the literature on international relations. And it has its roots in a 1979

Years ago, I took part in a mediation for a small consumer class action–not my first, and hardly my last. In that case, the mediator did something unusual, she showed up with homemade chocolate chip cookies. The mediation did not result in a settlement, but it went pretty smoothly. Afterwards, I asked the mediator about

 I’ve written before about priming, the tendency of us humans to adopt emotional states if we are exposed to words with emotional content. But there are other psychogical effects that can influence negotiating in unseen, and unwelcome, ways. One of the most common of these is the problem of anchoring.

What is anchoring? As

There is a common perception in complex litigation (not to mention litigation generally) that time favors the defendant. Defendants often counsel clients not to react too quickly: situations that may provoke a fight-or-flight response in the moment often present more strategic opportunities as they unfold. And plaintiffs tend to agree; they often complain that defendants’

We’ve been talking about negotiations on Wednesdays here for several months now. And while most of that discussion has focused on how to reach principled agreements, even with parties you may not like, there is no denying the fact that sometimes, people lie when negotiating. Or, at the very least, they shade the truth.


Last Friday, Thomson/Reuters reporter Alison Frankel (who should be on every class-action lawyer’s RSS feed) wrote about an example of a new strategy class-action defendants have developed over the past few years. That strategy? Work with the government. In this case, publishers Harper Collins and Hachette–two of the defendants in both the Justice Department’s recent

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