Find Mediators Near You:

Checkmate: Early Moves Define Negotiation

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

The Litigation Section of the State Bar of Texas recently published Don Philbin’s article entitled “Checkmate: Early Moves Define Negotiation Outcomes” in its newsletter.  In his article, the Chair of the Texas Bar’s ADR Section discusses the insight predictive analytics can provide to negotiators. According to Mr. Philbin, negotiations typically follow predictable social conventions and, much like chess, the first few moves are likely to set the board.  In addition, advanced analytics suggest:

  • Anchoring is important;
  • Extreme positions sometimes pay off but don’t work most of the time;
  • Mediators reduce cognitive dissonance;
  • Venue matters;
  • Claim type matters;
  • Predictive analytics offer insight; and
  • Highly accurate projections render such insight actionable.

 
Mr. Philbin concludes his article by stating:

Big data and smart analytics will rapidly extend what experimental psychologists, behavioral economists, and other disciplines have learned about predictable if seemingly irrational human behavior.

Current technology allows us to play Battleship with sonar in negotiations. Knowing with some certainty where the other side is headed in time to improve your position through a research based, fine-tuned concession plan will improve your results. It’s not a substitute for well-honed intuition developed through experience. It’s an aid to test and calculate optimum positions. It’s really nothing more than adding a scope to a gun so the human takes a better shot. A 5% improvement to a $10 million case is worth $500,000. That’s worth some planning.

Disputing invites you to check out Don Philbin’s full article.

                        author

Beth Graham

Beth Graham received a J.D. from the University of Nebraska College of Law in 2004 and a M.A. in Information Science and Learning Technologies from the University of Missouri in 2006. She also holds a B.S. in Public Administration from the University of Nebraska-Omaha. She is licensed to practice law… MORE >

Featured Members

ad
View all

Read these next

Category

Schindler v. Schiavo: The Real Negotiation for Your Soul

“Pinellas Park, Fla., March 18---Doctors on Friday removed the feeding tube of Terri Schiavo, the severely brain-damaged woman at the center of a scorching multiyear legal battle, despite an extraordinary...

By Robert Benjamin
Category

Tattoos

PGP Mediation Blog by Phyllis G. Pollack The January 2012 issue of the California Lawyer contains an article about tattoos in court. As the blurb intrigued me, I read the...

By Phyllis Pollack
Category

Negotiation Mistake 7: Losing the Momentum

From the blog of Nancy Hudgins (This is the last in a series of 7 Mistakes Really Good Negotiators Make.) As Yogi Berra famously said, "It ain't over 'til it's...

By Nancy Hudgins
×