NEGOTIATING IN THE SHADOW OF A PANDEMIC-CAUSED SEVERE ECONOMIC CONTRACTION
202004.23
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NEGOTIATING IN THE SHADOW OF A PANDEMIC-CAUSED SEVERE ECONOMIC CONTRACTION

We all know that people, including lawyers and their clients, are anxious right now. During the period March 19-24, 2020, the Pew Research Center conducted a poll of 11,537 adults in the United States.  The poll revealed that 77 percent of American adults would feel uncomfortable eating out in a restaurant during the current pandemic. …

NEGOTIATING IN THE MIDST OF A SEVERE PUBLIC HEALTH/ECONOMIC CRISIS
202004.03
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NEGOTIATING IN THE MIDST OF A SEVERE PUBLIC HEALTH/ECONOMIC CRISIS

What we think we know about human behavior during negotiations derives from an overwhelming volume of research studies grounded in a wide range of disciplines.  For example, the central point of Daniel Kahneman and Amos Tversky’s remarkably influential 1979 article in the journal Econometrica, Prospect Theory: An Analysis of Decision Under Risk on Prospect, has…