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Full-Text Articles in Law
To Negotiate, Mediate Or Litigate? Examining The Durability Of Divorce Outcomes In The Singapore Family Courts, Dorcas Quek Anderson, Eunice Chua, Yilin Ning
To Negotiate, Mediate Or Litigate? Examining The Durability Of Divorce Outcomes In The Singapore Family Courts, Dorcas Quek Anderson, Eunice Chua, Yilin Ning
Research Collection Yong Pung How School Of Law
For many years, the courts have been grappling with the paradox of marriages—the most intimate of relationships—being dissolved in the courts that represent a public and adversarial setting. Despite the growth of divorce interventions, the perennial struggle remains in many courts on how to reduce the intense acrimony of divorce litigation. The question remains on the scope of “mainstream” interventions to be offered by the courts to divorce litigants. The current study therefore explores the use of court-connected negotiation, mediation, and litigation in the Singapore Family Justice Courts. It uses a statistical method of survival analysis to produce insights on …
Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles Masters-Waage, Jared Nai, Jochen Reb, Samantha Sim, Jayanth Narayanan, Noriko Tan
Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles Masters-Waage, Jared Nai, Jochen Reb, Samantha Sim, Jayanth Narayanan, Noriko Tan
Research Collection Lee Kong Chian School Of Business
Integrating theorizing across the mindfulness and negotiation literatures, we hypothesize that mindfulness increases cooperation in negotiations. We further propose that processes of self-transcendence, self-regulation, and self-awareness mediate this effect. We test these hypotheses in five studies across different forms of cooperation, in both distributive and integrative negotiation contexts, and for both measured and experimentally induced mindfulness. In Study 1a, individuals higher on measured state mindfulness displayed greater cooperative orientation measured as preference for pareto-optimal agreements. In Study 1b, experimentally induced mindfulness led to greater cooperative orientation measured as the recall of cooperative heuristics. In Study 2, a distributive (fixed-sum) negotiation, …
How To Play “Friendly Hardball” In A Negotiation, Michael Schaerer, Martin Schweinsberg, Roderick I. Swaab
How To Play “Friendly Hardball” In A Negotiation, Michael Schaerer, Martin Schweinsberg, Roderick I. Swaab
Research Collection Lee Kong Chian School Of Business
Negotiation experts have long advised a win-win approach focused on extracting mutual value. This approach effectively turns counterparties into collaborators instead of adversaries, pooling their creative resources to “expand the pie” rather than fighting over the size of their respective slices. Not only does this create more financial value for everyone, it also has interpersonal benefits: Business relationships are stronger after thenegotiation if all parties walk away happy with the outcome.
Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson
Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Negotiation theory and practice have evolved at a phenomenal pace since thepublication of Fisher and Ury’s seminal work Getting to Yes.1 The sheer breadth of topics inThe Negotiator’s Desk Reference2 (“NDR”) attests to how negotiation has advanced as a multidisciplinary field. Published in 2017 to replace its predecessor The Negotiator’s Fieldbook,3the NDR comprises 101 chapters written by very prominent academics and practitioners drawnfrom a wide range of professions, disciplines and cultures. According to its editors, more thanhalf of the contents are new, reflecting the new frontiers of the negotiation field.
Embodied Conflict Resolution: Resurrecting Roleplay-Based Curricula Through Dance, Nadja Alexander, Michelle Lebaron
Embodied Conflict Resolution: Resurrecting Roleplay-Based Curricula Through Dance, Nadja Alexander, Michelle Lebaron
Research Collection Yong Pung How School Of Law
Moving on from the authors’ seminal 2009 critique of the overuse of role-plays in negotiation teaching, "Death of the Role-Play" (chapter 13 in Rethinking Negotiation Teaching), Alexander and LeBaron have taken the rapidly increasing enthusiasm for experiential learning in a new direction: multiple intelligences. Their particular interest is in a use of experiential learning that focuses on kinesthetic intelligence, employing actual physical movement, particularly dance, to unlock creativity in other mental domains, as well as to encourage authentic participation by people whose skills are not primarily verbal or mathematical. Those who may be inclined to be skeptical should note that …
Dancing To The Rhythm Of The Role-Play: Applying Dance Intelligence To Conflict Resolution, Nadja Alexander, Michelle Lebaron
Dancing To The Rhythm Of The Role-Play: Applying Dance Intelligence To Conflict Resolution, Nadja Alexander, Michelle Lebaron
Research Collection Yong Pung How School Of Law
The article presents information on effectiveness of dance and movement in negotiation teaching and training programs regarding conflict resolution particularly in multiple repeat mediations. Death of the Role-play, a publication, fosters enhanced creativity and methodological diversity in conflict management and mediation training. It depicts dance intelligence as useful and requisite components of conflict resolution education.
Using Blogs In Teaching Negotiation: A Technical And Intercultural Postscript, Ian Macduff
Using Blogs In Teaching Negotiation: A Technical And Intercultural Postscript, Ian Macduff
Research Collection Yong Pung How School Of Law
This article reexamines an earlier experiment in the use of blogs in teaching negotiation when undertaken in a different cultural environment. I briefly examine two core factors — technical competence and cultural preferences in communication — as well as a student preference to reserve the use of social media for purely social and informal communications. Parallels are also drawn with the technical and cultural contexts of developments in online dispute resolution.
Introducing The Negotiation Navigation Map, Nadja Alexander, Jill Howieson
Introducing The Negotiation Navigation Map, Nadja Alexander, Jill Howieson
Research Collection Yong Pung How School Of Law
In this article we reflect upon negotiation strategies and explore the utility of reconciling the dichotomy between interest-based and positional approaches to negotiation. Ultimately, we advocate for a ‘constructive model’ of negotiation and introduce the ‘negotiation navigation map’ that serves the negotiator well in preparing for this approach to negotiation.
Death Of The Role-Play, Nadja Alexander, Michelle Lebaron
Death Of The Role-Play, Nadja Alexander, Michelle Lebaron
Research Collection Yong Pung How School Of Law
Setting someone up to fail does indeed sound unfair. In fact it could be described as an ambush – outlaw facilitators lying in wait for unsuspecting students. Not only is this unsettling in a training environment, we can ask whether this lack of transparency runs counter to the behavior expected of negotiators and mediators. Far from being a figment of our fertile imaginations, this short vignette is drawn from a real life learning situation at which both authors were present. Participants were asked at the beginning of the postgraduate workshop about their learning preferences. While most replied enthusiastically about learning …
Using Blogs As A Teaching Tool In Negotiation, Ian Macduff
Using Blogs As A Teaching Tool In Negotiation, Ian Macduff
Research Collection Yong Pung How School Of Law
This article reports on the experimental use of blogs as a teaching tool in a course on negotiation and mediation. The blogs were of two kinds: individual journal blogs accessible only by the student author and the course instructor, and a class or collective blog, accessible by all members of the course. The use of blogs builds on the familiar use of journals as a tool for reflection and personal review and adopts the technology of online communication with which the student body is increasingly familiar and comfortable. The article reports on the student response to this development and the …
Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff
Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff
Research Collection Yong Pung How School Of Law
In the last issues of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zeland case. He challenged his readers to give him suggestions about how negotiators might grapple with often preplexing problems posed by the spiritual valus of their counterparts.
Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston
Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston
Research Collection Yong Pung How School Of Law
One of the most interesting questions concerning modern contract lawyers is whether, and if so when, there may be a duty on parties to a contract to negotiate in good faith? This may seem an odd question for an English lawyer to raise, granted the refusal of the House of Lords in Walford v. Miles [1992] 2 A.C. 128 to recognise even the effectiveness of an agreement to negotiate in good faith but this case has not escaped cogent criticism (Neill (1992) 108 L.Q.R. 405) and it rests on an axiom (that this is a duty which cannot be enforced) …