three is the magic number . . .

. . . and the Supreme Court has it.  Check out The Female Factor over at Slate (excerpt below):

Social scientists contend that the difference is more than just cosmetic. They cite a 2006 study by the Wellesley Centers for Women that found three to be the magic number when it came to the impact of having women on corporate boards: After the third woman is seated, boards reach a tipping point at which the group as a whole begins to function differently. According to Sumru Erkut, one of the authors of that study, the small group as a whole becomes more collaborative and more open to different perspectives. In no small part, she writes, that's because once a critical mass of three women is achieved on a board, it's more likely that all of the women will be heard. In other words, it's not that females bring any kind of unitary women's perspective to the board—there's precious little evidence that women think fundamentally differently from men about business or law—but that if you seat enough women, the question of whether women deserve the seat finally goes away. And women claim they are finally able to speak openly when they don't feel their own voice is meant to be the voice of all women.

Over at She Negotiates, we use the power of women to support, encourage, cheer and brainstorm in every class we offer, with the greatest power coming to and from our post-graduate Negotiation Master Classes which are limited to only four women.  For additional information about how you can use woman-power to improve your bottom line, contact either Lisa or Vickie using our contact form or catch either one of us at our direct numbers.

This isn't about gender-war, this is about human peace and prosperity!

Thanks to Bruce Moyer, the Federal Bar Association's Government Relations Counsel for the head's up on this one.

Negotiating Women on Blog Talk Radio Tonight (8/24) at 8 p.m. EDT

Cross-posted at She Negotiates.

At 8 PM Women on the Move gets down to business with attorney Victoria Pynchon, author of the Settle It Now Negotiation Blog, who has been called a “master of conflict resolution and deposition skills.”

Victoria recently became a regular contributor to Forbes.com’s “On the Docket” column.

You can call in with questions! 

Call-in Number: (347) 857-2102

Capuchin Monkeys, Irrational Choices, and Hope for the Future

Virtual Property, Virtual Litigation and Real Resolution

I continue to bark at the moon.

Here's a piece I missed in April on real litigation filed over virtual property in Second Life.

Architect David Denton spends much of his time on a lush tropical island, where he experiments with cutting-edge building designs and creates spaces for artists to showcase their work.

Never mind that the island only exists in the virtual-reality world of Second Life, a popular online venue where people interact via digital avatars. Denton, 62, said he purchased the island for about $700 — real money, not virtual cash — from its former owner, and considers it his property.

Here's the thought this article triggers.  If 90% of all litigation involving people (I'll skip corporate litigation and litigation brought to vindicate rights such as that declaring Prop 8 unconstitutional) will end with a retired Judge telling the people that litigation is too expensive and a jury trial too uncertain for them to bear, why don't we just litigate virtually (with Linden dollars!) giving the parties the experience of litigation that will eventually drive them to settlement?

I'm sure some smart programmer can come up with an algorithm for most personal disputes, including both factual templates and the application of simple legal principles.  A "ticker" could keep track of the dollars your virtual attorney is billing on your law suit's screen everyday.  Continuances, discovery motions, pre-trial proceedings and depositions could all be simulated.

Then the parties return from the virtual life of Second Life Litigation and sit down in the old fashioned way to negotiate a resolution to their dispute or, if necessary, hire a village elder trained in conflict resolution, sometimes called a mediator, to help them do so.

Negotiation is a Conversation Leading to Agreement

From today's "She Negotiates" lesson.

If negotiation is a conversation with agreement as its goal, we should not be wasting our time arguing with one another about whose point of view is the best. We should be talking to one another about how we can both achieve as many of the goals we both want to achieve as a result of our conversation.

You do not have to change anyone's mind to give them what they want to get. And you don't have to grudgingly accept half a loaf (a portion of the pie) if, unbeknownst to one another, you possess five items of value your bargaining partner wants or needs, and your bargaining partner possesses a dozen items of value you want or need. In a really effective negotiation, you may find that together you and your bargaining partner can whip up a dozen pies and end up with more than either of you had imagined.

Wouldn't you like to be learning how to do this instead of working on that sanctions motion for your adversary's bad faith refusal to answer interrogatories?

The next game-changing She Negotiates month-long coached course begins on September 16.  Stop trying to change people's minds and start changing the world!

And gentlemen, tell your women friends.  Husbands and significant others benefit from this course as well!  My own happily came back from the gym the other day saying "I did what you taught me; I got two extra months of gym membership free."

yes we can! negotiate our jobs back! at ForbesWoman

negotiation - it takes courage

(cross posted at She Negotiates)

I asked one of my consulting clients for a testimonial yesterday.

"Anything," she said, "it's genuinely changed the way I do everything.  It's not just the shift in my business relationship with [BigBiz, Inc.].  I dumped a boyfriend last week because of our conversations!  So, seriously, what would you like me to say?"

My client and I, like the few women commercial litigation clients I had during my twenty-five years as a lawyer (2%?) were quickly becoming friends.  And I was proud of her.  Truly proud.  Like a parent would be.

"I'm proud of you," I finally said, even though I'd been thinking it for weeks.  "You've shifted the power in your working relationship and that was difficult to do.  You were persistent.  You're a first class learner.  And you've been brave."

She laughed, the way we women do when we're praised, wanting the moment to pass instead of savoring it a little, particularly when we know deep down we've genuinely achieved something important in our own lives and careers but don't want to appear self-satisfied.

So I said it again.  "I'm really proud of you.  You've done great work and you never gave up.  You didn't fold to the power of BigBiz, Inc.  You stood up for yourself."

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Negotiating War: a "False and Sloppy Consensus"

Let's take a workplace teaching moment from the Obama-McCrystal dust-up as provided to us by the New Yorker in this week's Talk of the Town piece, Team Effort.  In reporting the dysfunction on Team Afghanistan (McChrystal vs. American Ambassador Karl Eikenberry with President Karzai as a manipulative by-stander) the NY'ers George Packer recalls a description of governmental decision-making provided by Obama's special representative for the region, Richard Holbrooke, last year:

People sit in a room, they don't air their real differences, a false and sloppy consensus papers over those underlying differences, and they go back to their offices and continue to work at cross-purposes, even actively undermining each other.

If that defines your workplace, it's time to have some difficult conversations in which a genuine consensus is negotiated among those in power, all the while remembering that everyone is afraid of the scary HR lady down the hallway.  As the recession appears to deepen and run American business off the rails, its time we get real, get smart, get efficient and get right with one another.  If not, next thing you know, you'll be learning to spell Q-U-A-G-M-I-R-E yourself, wondering how the heck such a profitable enterprise could meet such a messy and costly end.

Here are some resources:

Difficult Workplace Conversations by Conflict Zen blogger Tammy Lenski - an old post but a timeless one.

Bursting the Bubble, Cultivating Dissent in the Workplace by mediator and negotiation trainer and consultant Diane Levin of The Mediation Channel.

Resolving Conflicts at Work by Ken Cloke and Joan Goldsmith.

The Martial Art of Difficult Conversations by Peter (why I returned my iPad) Bregman at the Harvard Business Review

Toward a Theory of Managing Organizational Conflict by M Afzalur Rahim (for the academically-minded)

And, last but not least, the google book site for the Art of War

And remember . . . . never ever ever get comfortable with a reporter around.

Notes on Breaking Impasse: Build a Golden Bridge

Build a Golden Bridge (from Getting Past No by William Ury)

first the problem

  • other side is stalling/resisting
    • lacks interest in your proposals
    • makes vague statements
    • delays
    • renegs on agreements
    • responds with a flat "no"

now the likely explanation for the problem

  • four most common reasons for impasse of this type:
    • it's not their idea
    • you're overlooking at least one of your counterpart's basic interests
    • your partner fears losing face
    • the decision seems too overwhelming; is too big and the time is too short, making it easier simply to say "no"

"Your challenge is to persuade the other side to cross the chasm that lies between their position and the agreement you want.  That chasm is filled with dissatisfaction, uncertainty and fear."

SOUND FAMILIAR????????

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Kagan: the Business Angle