Category Archives: Negotiation

… feature articles on mediation, alternative dispute resolution (“ADR”), and personal initiatives just between the divorcing spouses themselves, as well as broader attempts to resolve disagreement, conflict in family, domestic relations situations

Game-playing in divorce negotiation: “Physical Surroundings”

Shapiro and Jankowski alert would-be negotiators to a number of manipulative aspects associated with this tactic. In divorce matters, however, advantage can be gained with far less effort. Emotional challenges found in no other sort of negotiation certainly apply to the potential impact of physical space and comfort. Remember, in divorce, both marital partners are [...]

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Recognizing “strategically difficult” opposition, part 2

Part 1 on this topic listed 10 of “The Top Twenty Tactics of Strategically … Difficult People,” as delineated by Ronald M. Shapiro and Mark A. Jankowski (with James Dale) Bullies, Tyrants, and Impossible People: How to Beat Them Without Joining Them. The following, then, completes that inventory. As I mentioned previously, games I’ve seen played [...]

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Game-playing in divorce negotiation: “Outrageous Behavior”

Okay— confession time: This approach to divorce discussions annoys me the most. The person who employs this tactic (or simply indulges one’s self in it as an instinct or habbit) has no respect for the process, lacks sympathy for anyone in divorce, and is exploitive at base. The Bullies, Tyrants, and Impossible People description for [...]

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Game-playing in divorce negotiation: “Red Herring”

Hand’s down, this is the tactic I’ve seen work most effectively in delivering on goals desired as divorce outcomes. At the same time, there’s an important reason why it is under-utilized and otherwise easily exposed by way of sloppy implementation. By definition, “goal setting” requires strategic thinking, prioritization, and discipline. All are rareties in the [...]

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Game-playing in divorce negotiation: “The Wince”

This tactic plays on two fronts uniquely available to the other side in divorce negotiations. Many individuals in the process of divorce are insecure: About their decision-making, the reasonableness of the needs they perceive themselves to have, and their ability to self-advocate outside of marital partnership. Folks going through divorce have a high need for [...]

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