Cognitive Barriers to Effective Negotiation and How to Overcome Them
ADR Currents, Vol. 6, p. 6, September-November 2001
5 Pages Posted: 30 May 2011
Date Written: 2001
This short article explains common cognitive barriers that impede settlements by distorting disputants’ analysis of their legal case or their bargaining decisions. The discussion covers selective perception, optimistic overconfidence, loss aversion and reactive devaluation. The article also gives prescriptive advice about how mediators can overcome these obstacles.
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