A new article by Teresa F. Frisbie, Esq., published on June 3, 2015 in the Chicago Daily Law Bulletin, discusses decision-making in negotiations: how our instinctive reaction to unfairness can negatively impact negotiations, and offers tips for mitigating these cognitive biases.

Entitled, “Decision-making in negotiations and handling the reaction to unfairness,” the article explains how negotiations can be hindered when parties perceive an unfair offer.  According to Ms. Frisbie, our natural reaction to perceived unfairness is often to “punish” the other side by rejecting the offer all together, often harming our own interests.  In order to counter this natural inclination, Ms. Frisbie suggests using language that anticipates the unfairness reaction, such as simply asking the other side why they think an offer is unfair.  In addition, carefully putting your client’s position into context can clarify a seemingly unfair offer, lessening the chance that the other party will perceive it as unreasonable.

Teresa F. Frisbie, Esq. is a senior mediator and arbitrator at ADR Systems, and the director of Loyola University’s Chicago School of Law’s Dispute Resolution Program.  Ms. Frisbie’s expertise includes elder law and family business matters, employment law, and commercial matters.

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