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Posts Tagged ‘alternative dispute resolution’

“To be against settlement is not to urge that parties be ‘forced’ to litigate [...] To be against settlement is only to suggest that when the parties settle, society gets less than what appears, and for a price it does not know it is paying. Parties might settle while leaving justice undone [...] To settle for something means to accept less than some ideal.” (more…)

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“If I am a cooperative negotiator and I lay out my facts, and if you are cooperative, and you lay out your facts, then the two of us, as objective, fair-minded adults, can solve any problem … But aggressive negotiators do not see themselves primarily as problem solvers … they are warriors. Their strategy assumes the other side is an enemy to be attacked and defeated and their strategy is well adapted to that end … The question is not: Which strategy should I invariably use? but rather: How can I develop sufficiently as a negotiator that I can appropriately invoke one or the other, depending on the requirements of the situation?” (more…)

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