The Reputational Advantages of Demonstrating Trustworthiness: Using the Reputation Index with Law Students

Lawyers should care about their reputations. But exactly what sort of reputation should lawyers seek to establish and maintain in the largely nontransparent context of legal negotiation? And even if a lawyer has developed a reputation as a negotiator, how will he/she know what it is and how it came to be? I force my students to grapple with these questions by incorporating the issues of reputation and reputation development into my negotiation/mediation course. I introduced this innovation at the same time that I decided to increase my focus on developing students' skills in distributive (or value‐claiming) negotiation. Although legal negotiation certainly offers frequent opportunities for the creation of integrative joint and individual gains, the process will almost inevitably involve distribution. The pie, once baked, must be cut. As a result, I now base a portion of my students' final grade on the objective results they achieve in two negotiation simulations. Two dangers of this assessment choice are that it can encourage students to focus only on the numbers and, even worse, engage in “sharp practice”— an extreme form of hard bargaining that tests ethical boundaries — in order to achieve the best short‐term distributive outcomes. Of course, neither a quantitative focus nor sharp practice is synonymous with a distributive approach to negotiation. Nonetheless, to counterbalance the temptations posed by the focus on, and ranking of, objective results, I also base part of students' final grades on their scores on a “Reputation Index.” These scores are based on students' nominations of their peers, accompanied by explanatory comments. This article describes the Reputation Index and how I use it. It also explores the empirical support for the validity of the Reputation Index as a tool for simulating the development and assessment of lawyers' reputations in the “real world.” To that end, the article considers research regarding the bases for lawyers' perceptions of effectiveness in legal negotiation, the sometimes counterintuitive distinction between negotiation “approach” and negotiation “style,” and the relationships among perceptions of negotiation style, procedural justice, trustworthiness, and reputation.     

The Walk in the Woods: A Step‐by‐Step Method for Facilitating Interest‐Based Negotiation and Conflict Resolution

In this article, we describe a method we have used successfully in both academic and professional settings to rapidly introduce novice negotiators to the principles and practice of interest‐based negotiation: “the walk in the woods.” The walk incorporates much of the principles of interest‐based negotiation: fostering self‐awareness, cultivating curiosity, and understanding the importance of world view. The walk's effectiveness is illustrated in this article using the case of the merger of two large, complex health‐care organizations.     

Teaching Negotiation through Paradox

How to teach negotiation cannot be effectively summed up in a few ready‐to‐be‐applied principles. In this article, I define a paradoxical professorial stance that I believe can be useful for helping students learn negotiation concepts and methods, and will also help them reflect on their own practice. The paradoxes are the following: caring for the students while deliberately exposing them to frustration; nurturing a lively, interactive course while respecting those students who prefer to remain silent; helping the students to be more autonomous while simultaneously manipulating them; accepting their vulnerability while nurturing their creativity; and finally, maintaining both professorial distance and closeness. My adoption of such a paradoxical stance as a professor has encouraged greater creativity in my students, and by the end of the course, they are better able to create value in a negotiation simulation.     

Transcending the Classroom: A Practical Guide to Remote Role Plays in Teaching International Negotiation

This article discusses the pedagogical value of using remote role plays in cross‐cultural negotiations between two classes taught simultaneously at different and geographically distant institutions. We argue that remote role‐play simulations provide valuable teaching and learning experiences, and are particularly helpful for managing issues associated with outside‐group negotiation and cultural differences, the prenegotiation stage, electronic negotiations and distorted communication, and one‐shot settings in which the negotiator lacks previous knowledge of the partner. The article begins with a discussion of some critical limitations of “traditional” in‐class role plays, followed by a practical guide to remote role plays and a report of our experiences with them. Finally, we discuss the advantages and disadvantages of remote role plays as a teaching tool for international negotiation classes and the key lessons for the participating students.     

A Test of Sex Estimation in Subadults Using the Elevation of the Auricular Surface from Four Samples of Known Age and Sex

Biological sex is foundational to the work of forensic anthropologists and bioarcheologists. The lack of reliable biological sex estimation methods for subadults has, thus, greatly limited forensic and bioarcheological analyses. Auricular surface elevation showed promise as a subadult sex estimation method in previous studies. This study examined two auricular surface elevation evaluation methods on four subadult samples of known age, sex, and ancestry. Samples were scored as “male,” “female,” or “indeterminate” and results were examined with chi‐square analysis. No consistent sex estimation pattern, accuracy, or predictive value was produced between samples. Only one test was significant using Fisher's exact test analysis (FET = 7.501, p < 0.022): the composite approach on the Hamann‐Todd sample. While age, sample size, or developmental factors may play a role in these results, clearly sample variation does as well. This study found auricular surface elevation was not a useful subadult sex estimation method.     

Metric Assessment of the Pubic Bone Using Known and Novel Data Points for Sex Estimation,

Biological sex estimation of skeletal remains is essential in forensic and archaeological analyses. Anthropologists most often use the pelvis, which is the most sexually dimorphic element both morphologically and metrically. While nonmetric pubic bone features have been studied extensively, few metric studies have examined this individual bone for dimorphism. For this study, three observers examined three previously identified and ten novel measurements of the pubic body on a modern sample of isolated pubic bones from the Maricopa County Forensic Science Center (FSC), in Phoenix, Arizona (n = 400). A relationship between pubic body measurements and biological sex was demonstrated, with significant correlations. Discriminant function analyses found that five measurements, four of which were novel, discriminated between males (89%) and females (86%). Observer experience level did not significantly impact the results. These five measurements were reliable and show promise for inclusion in metric methods for assessment of sex.     

Disparate reports of stress and family relations between youth who commit sexual crimes and their caregivers

Certain family factors, including dynamics, interactions and communication patterns, experiences of intra-familial victimisation, overall functioning and attachment can increase propensities for the commission of a sexual crime and may even be linked to recidivism. However, there is an absence of research that examines factors that contribute to problematic family relationships and how youth and caregivers vary in perceptions of family relationships. The current cross-sectional research study delivered the same validated instruments to youth (n?=?46) and their caregivers (n?=?46) to determine relative perceptions of family relationships and stress. Two multiple regression models were conducted to determine factors that contribute to problematic family relationships. Youth reported greater stress scores and more problems in family relationships relative to caregivers. Stress contributed to family relationship problems for youth and caregivers, but protective factors were associated with less family relationship problems for caregivers. Treatment and research implications are discussed.     

Systemic error: measuring gender in criminological research

This study examines how sex and gender are measured and operationalized in studies on criminology and criminal justice (CCJ) through content analysis of peer-reviewed journals. Despite that they are distinct and not always parallel, the terms sex and gender are often used interchangeably in CCJ research. Moreover, despite increasing recognition that gender-responsive practices are important at every stage of the criminal justice process, gender is almost exclusively measured as a male-female binary, miscategorizing and failing to properly account for those who do not fit in one of those gender identities. There are important implications for the safety of such individuals, as both victims and offenders throughout the criminal justice process, therefore it is essential that we more accurately measure gender in this field. Recommendations for improvement are addressed.     

‘An error is feedback’: the experience of communication error management in crisis negotiations

A range of studies have examined what should be said and done in crisis negotiations. Yet, no study to date has considered what happens when an error is made, how to respond to an error, and what the consequences of errors and responses might be on the negotiation process itself. To develop our understanding of errors, we conducted 11 semi-structured interviews with police crisis negotiators in the Netherlands. Negotiators reported making errors of three types: factual, judgment, or contextual. They also reported making use of four types of response strategy: accept, apologize, attribute, and contradict. Critically, the negotiators did not perceive errors as solely detrimental, but as an opportunity for feedback. They advocated for an error management approach, which focused on what could be learned from another person’s errors when looking back at them. Suggestions for improvement of the communication error management experience in crisis negotiations are discussed.