Circle of Conflict
Conflict that includes: lack of information, misinformation, and differing interpretations.
What is Data Conflicts?
The law establishing a national policy favoring arbitration.
What is the Federal Arbitration Act?
Examples of this include: making the environment comfortable, participating in small talk, showing that you are actively listening.
What is building rapport?
Stating a firm position that leads the opposing side to believe you are not willing to move off that position.
What is anchoring?
One should always consider these before entering into a negotiation.
What is BATNA and WATNA?
A is in negotiations with B over a property dispute. A believes that B is interested in a higher monetary offer to resolve the dispute. B believes that A wants to take full ownership of the property. However, both A and B are wrong. This an example of this type of conflict.
What is an Interest Conflict?
It is best to do this at the front end of a matter that includes an arbitration agreement.
What is attack the arbitration agreement?
This could be a result of forgetting your client's name, forgetting key details of their case, or missing a deadline.
What is creating distrust?
The overlap of the negotiating parties' acceptable settlement terms.
What is ZOPA?
Getting up and leaving could be used to counter this negotiating tactic.
What is anchoring?
The creator of the Circle of Conflict.
Christopher Moore
Judge Judy's method to find the truth in the arbitration video we watched in class.
What is letting the dog choose?
The likely result of sharing too many details about your personal life with your client.
What is not maintaining a professional relationship?
An alternative negotiation style that focuses on working together to solve the problem rather than focusing on positions.
What is principled negotiation?
Professor Jones's goal in assigning us this creative presentation.
What is to make us look silly?