Bar Bulletin

Bar Bulletin

Logic, Emotions, and Values: 40 Years of Negotiation & Decision Theory

July 2022 Bar Bulletin

By Justice Faith Ireland, Ret.

Much has been written about negotiation style and decision theory in the last 40 years. Getting to Yes was a sensation in 1981. It was followed by among others: Start with No in 2002, Predictably Irrational in 2008, and Never Split the Difference in 2016.

Although much of these books deals with selling situations or commercial negotiations, they also have relevance for lawyers. In every situation requiring a decision, logic, emotion, and values will be in play. As lawyers we are trained in logic. Emotion comes to us by nature. Values are learned and cherished.

What are values? People often want to be seen as honest, loyal, trustworthy, upright,...

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