ADR Alternate Dispute Regulation and Term Paper

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Id. At 118. Additionally, refraining from attacking another party's reliability, but instead, reducing risks and praising honorable activity will help to engender an incentive for the other party to develop trustworthiness. Id. At 119-21. According to the authors, "people are more likely to behave reliably if they know their reliability is appreciated." Id. At 121. However, the authors stress that one must not place trust in an individual when it is unwarranted.

V. Persuasion

In contract law, as in relationships, coercion takes away an individual's free will and thus negates formation of an agreement (since an agreement requires a meeting of the minds). In negotiations, coercion may in the short-term get the opposition to succumb to one's demands, but will negatively impact any future relationship. The authors focus on the importance of persuading the opposition instead of coercing them to action. Persuasion tactics differ from coercion in that they (i) refrain from verbally attacking the opposing individual, (ii) they treat the negotiation as a mutual problem to solve instead of as a contest to win, (iii) they focus on each party's interests instead of focusing on partisanship, and (iv) they require the negotiating parties to remain open to new plausible solutions.

Persuasion does not limit an attorney's ability to use leverage in negotiations. Leverage merely focuses on the opposing party's interests in any benefits of the negotiations in contrast to the risk that such interests could mean to one's potential benefits.

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For example, if Sony Pictures really wants Will Smith to star in their next action flick, Smith's representative has leverage to negotiate a good deal for Smith by reminding Sony that they really want him, but that means that Smith will miss out on other opportunities in agreeing to star in Sony's next action flick. Such negotiation tactics are not only common in the legal industry, but are acceptable forms of persuasion that only become coercion when one side adopts a contract of adhesion, "take it my way or no deal," attitude.

VI. Acceptance

The authors focus on the importance of accepting all parties with whom you either with to or are required to have a relationship with. They insist that acceptance requires dealing with the other party with respect and recognizing their entitlement to their interests. However, this last issue of acceptance is not really a separate issue. If one, in the process of negotiations focuses on the above-mentioned issues such as rationality, understanding and communication, one will in affect have accepted the other party.

Additionally, focusing on the other party's interests and engaging in effective communication are methods of showing respect to the other party. However, since this last issue encompasses all of the above-mentioned relationship building negotiation techniques, if an….....

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