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February 5, 2008

“Investigative Negotiation,” Harvard Business Review, Deepack Malhotra and Max H. Bazerman (September 2007)

Authors Malhotra and Bazerman rightly point out here that the deceptively powerful “Why?” question is “exceedingly rare” in negotiations.

“That’s because most negotiators wrongly assume that they understand the other side’s motivations and, therefore, don’t explore them further.” Amen.

More often than not when I’m called in to consult on broken-down divorce mediations, it’s because the focus is on “persuading” as opposed to “understanding,” by one or both sides — and even their seasoned mediator. Divorcing clients are unfortunately advised that “their problem” isn’t your problem (see Principal 2). Yet “unreasonable demands” may be just the ticket to breaking impasse (see Principal 3).

This article includes a fantastic sidebar titled “Getting Information from Distrustful Negotiators” which details three core approaches that I have personally used with great success in my own divorce coaching over the years.

“Investigative Negotiation” is well-organized and easily applicable to both professionals and divorcing spouses themselves.

—posted by Dell Deaton @3:01 PM EST 2/5/2008
OS 2531.80

 

Recent Blogs

 
“Strategies to Address Clinical Bias in the Child Custody Evaluation Process,” Journal of Child Custody, Volume 3, Number 2, Aaron Robb, M.Ed. (2006)
“Second Nature: Your Personality Isn't Necessarily Set in Stone,” Psychology Today, Kathleen McGowan (April 2008)
“Discovery: A Legal Process that Seeks the Truth,” Michigan Family Law Journal, Karen S. Sendelbach, Chairperson; Norman N. Robbins, Editor-in-Chief (Special Issue 2008)
 

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Dell Deaton

Divorce Mediator
Workshop Leader
Life Coach

eMail Dell
(734) 668-2001


Divorce Reality
Washtenaw County
Michigan

 
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Dell Deaton is a Domestic Relations Mediator, Life Transition Coach and Workshops Leader, in professional practice through Divorce Reality Group — based in Ann Arbor and Saline, Michigan (Washtenaw County).

 

(734) 668-2001 . 135 East Bennett Street, Suite 29, Saline, Michigan 48176 . eMail

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vIV-024 (Monday, March 24, 2008 08:48:24 AM)