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Flawed Thinking: Addressing Decision Biases in Negotiation

Adler, Robert S.. Ohio State Journal on Dispute Resolution, Jan. 1, 2005

The author provides an extensive review of common decision heuristics and biases that may affect a person's ability to negotiate rationally, and offers a variety of strategies for counter-acting these biases during negotiation. These include applying critical thinking principles to the facts of the conflict, trying to remain self-aware, and preparing for negotiation by determining goals, interests, and the best alternative to a negotiated agreement. He also suggests using certain legal tools that correct for biases, including contingent contract, settlement escrow offers and final offer arbitration.

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