New research out of ESMT Berlin, UCLA Anderson, and two other business schools tracked 302 people for a week, pinging them at random times to ask what they'd just been doing. The finding: more than 30% of everyday social interactions involved some form of negotiation - reaching agreement, making a joint decision, resolving a disagreement, persuading someone, or mediating between others. Classic back-and-forth bargaining, the kind most of us picture when we hear the word "negotiation," showed up in only 2.7% of interactions. The far more common pattern was simply two people trying to get to "yes" together.
After three-plus decades as a trial lawyer and now as a full-time mediator, that distinction resonates with me. The negotiations that actually move a case toward resolution are rarely about who can out-posture the other side on a number. They're about two parties, often worn down by years of litigation, trying to find their way back to agreement.
You can read more about the study here: https://www.eurekalert.org/news-releases/1139816
What's the most unexpected place you've found yourself negotiating this week?
Contact me today to mediate your healthcare liability case at 407.493.0899 or book me directly on my Appointments page.

