Persuasion in Negotiation and Mediation

John Harington Wade
Bond University

March 10, 2014

Abstract:
This paper provides a framework of behaviour observed in civil and family disputes, often including legal representatives. It sets out models of lawyer behaviour; basic negotiation patterns; creating doubts about rights, goals, and power; persuasion and pause; deception of others; deception of self.

Summary
This paper 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 set s 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.

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