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  

Dwight Golann

Suffolk University Law School

Date Written: 2001

Abstract

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.

Suggested Citation

Golann, Dwight, Cognitive Barriers to Effective Negotiation and How to Overcome Them (2001). ADR Currents, Vol. 6, p. 6, September-November 2001. Available at SSRN: https://ssrn.com/abstract=1854685

Dwight Golann (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8183 (Phone)
617-305-3086 (Fax)

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