Dispute Resolution Impacts of Bill 57

On November 15, 2018 Doug Ford’s PC Government released Ontario’s Plan for the People. At the same time they introduced Bill 57: Restoring Trust, Transparency and Accountability Act, 2018 in the Legislature. Lots of commentators had plenty to say about the larger changes in this omnibus bill. This is not one of those posts. In […]

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What Mediators can Learn from Navy Seals

The US Navy SEALS are one of the most revered fighting forces in the world. As negotiators, there are few things we can take from professional warriors; as a mediator, there is even less, but the thing even the most devout pacifist can take from these special operators is how to deal with stress. In […]

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Bottom Lines Are Futile. Assimilate the Resistance Point

In this post I am going to discuss why you should forget a bottom line in your next negotiation and embrace the concept of a resistance point. In my post about ZOPA or the Zone of Potential Agreement, I explain the concept of a range where the parties are willing to settle. The boundary of […]

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Costing Uncertainty

Costing Uncertainty This week’s blog is based on a discussion I had with my spouse recently while booking a vacation. It touches on an important negotiation principle: valuing or costing uncertainty. Most labour negotiations involve some degree of uncertainty. The future state of the economy, the performance of the business and labour market conditions all […]

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4 Easy Rules for Bargaining Late

Years ago when I first got elected to a union bargaining team, I had images of bargaining late with night bargaining sessions and tense exchanges in the early morning hours. After nearly a decade chairing teams and negotiating agreements worth anywhere from a few million dollars to hundreds of millions of dollars, only a few […]

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Endowment Bias: I got it & I like it

Our friends at the Harvard Negotiation Project and authors of books like Getting to Yes would have you believe that negotiations is or ought to be a perfectly rational process. We know from our lived experience and countless pop psych books that people are not perfect rational actors. Cognitive biases affect how we process information […]

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Define ZOPA: Zone of Potential Agreement

Define ZOPA One of the most popular articles on this blog is my article on the definition of BATNA. This week I thought I would cover another fundamental negotiation term and define ZOPA. ZOPA is an acronym that means zone of potential agreement. Put simply ZOPA is the range where the parties could agree. ZOPA […]

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Negotiation Mastery at HBX: A Student’s Review

Negotiation Mastery at HBX I recently took a certificate in Negotiation Mastery at HBX, the Harvard Business Extension School. In this post I am going to talk about my experience at HBX with the negotiation mastery course. What is Harvard Business Extension School? Harvard business extension school or HBX for sort it is Harvard Business […]

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Say Yes in a Negotiation

How to Say Yes in a Negotiation Lots of negotiation texts make a lot of the concept of being able to disagree without being disagreeable. Given significantly less attention is the concept of been able to agree without being disagreeable or how to say yes in a negotiation. In this post I’m going to review […]

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Life Saving Negotiation: A Case Study

Highly persuasive negotiation techniques that allow you to continue the conversation while looking for an agreement are important in a myriad of circumstances. One of the most obvious examples of when highly persuasive techniques are important are when you undertake a life saving negotiation. In his book Don’t Split The Difference Chris Voss teaches negotiation […]

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