Originally from Dispute Resolution Journal

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INTRODUCTION – ANGER PAYS

Anger, arguably the most commonly expressed emotion in America, makes people loud, dominant, threatening, and accusatory. It is generally associated with negativity. This association manifests itself in any social setting – including deal-making. Anger in deal-making historically has been regarded as pernicious, as it can increase the likelihood of an impasse, makes parties act brashly, react quickly, and take risks that decrease overall value. However, through careful analysis and synthesis of behavioral studies, specifically with respect to anger in mediations, this article discusses how anger can actually become an asset that supports deal-making, when harnessed properly. This article first looks at anger from the side of the parties involved in the mediation. It discusses how three key byproducts of anger (1) revealing interests, (2) reversing confirmation bias, and (3) expediting outcomes, can actually help parties reach a deal in a mediation. Then, it examines at anger from the side of the mediator, discussing conventional wisdom about how a mediator might handle anger, and then a new approach, where the mediator actually helps forge a deal through engaging in the anger themselves. Ultimately, this article argues that from both the side of the parties and the mediator, there are cases in which anger pays!