Don Philbin is an AV-rated attorney, mediator, arbitrator, and consultant based in San Antonio, Texas. He has experience as a commercial litigator, general counsel, and president of hundred million dollar-plus communications and technology-related companies. Mr. Philbin may be contacted at email@example.com. This article is adapted from “The One Minute Manager Prepares for Mediation: A Multidisciplinary Approach to Negotiation Preparation,” which appears in volume 13 of the Harvard Negotiation Law Review.
How economic analysis can help redirect attention from party positions to a more objective analysis based on component variables.
“Why?” the child asks, negotiating a reprieve from eating green beans in favor of an early desert. “Because green beans are good for you,” may have a hollow ring. “Because I said so” may work only to the extent of the power imbalance. Children want to know how their parents reach the conclusions that they serve up as positions. They probe for underlying rationales and interests. Litigants have the same need to understand how their opponents reach conclusions.