Date of this Version

10-1-2008

Document Type

Journal Article

Publication Details

Accepted Version.

Wade, J. (2008). Persuasion in negotiation and mediation. Queensland University of Technology law and justice journal, 8(1), 253-278.

Access the Journal's homepage.

2008 HERDC submission. FoR: 1801

© Queensland University of Technology Law and Justice Journal, 2008

The original article has been published in the QUT Law and Justice Journal <8(1), 253-278>. The article as it appears at that site is the only authorised version of this article. The copyright in the print and electronic appearance of the article are held by QUT and the copyright in the content of the article is held by the author.

Abstract

This paper endeavours to provide a framework for common patterns of behaviour and persuasion, observed anecdotally in high conflict negotiations in civil and family disputes, often including legal representatives. It sets out:
• Some introductory boundaries to the topic of ‘persuasion’
• A composite model of a persuasive lawyer – negotiator
• Basic negotiation patterns
• The task of creating doubt about rights, goals and power
• Cialdini’s sales levers
• Persuasion and pause
• A glimpse at deception of others during negotiation
• A glimpse at deception of self and ‘decision traps’
• Persuasion via ‘intangibles’ – procedural skill and emotional awareness.

 

This document has been peer reviewed.

 

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