Persuasion in negotiation and mediation

John Wade
Bond University

Faculty of Law Bond University

10-1-2008

 

 

Summary
This article endeavours to provide a framework for common patterns of behaviour and
persuasion observed anecdotally in high conflict negotiations in civil and family
disputes, often including legal representatives. It sets out:
• Some introductory boundaries to the topic of “persuasion”
• A composite model of a persuasive lawyer – negotiator
• Basic negotiation patterns
• The task of creating doubt about rights, goals and power
• Cialdini’s sales levers
• Persuasion and pause
• A glimpse at deception of others during negotiation
• A glimpse at deception of self and “decision traps”.
• Persuasion via “intangibles” – procedural skill and emotional awareness.

Persuasion in Negotiation and Mediation