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I told the other side our claim carried a real risk of partly failing in court. Out loud, on the record. From that sentence on, they weighed every further word of mine differently — which was exactly what I needed.
Read moreBeing right at a cost of hundreds of thousands and three years of your life is a worse business than it looks. How to run the numbers on a dispute as an investment — with an outcome tree, full costs and a break-even point for settling.
Read moreThe clock runs in every dispute — but at a different speed for each side. Work out whose asset is decaying and you know when to run and when to sit still.
Read moreNinety minutes of negotiation, the other side nodding along — and then comes \"I'll have to run this past…\". At that moment you discover you have shown your cards, for free, to someone who cannot sign anything.
Read moreCzech law knows no settlement privilege. What you say in settlement talks may one day be read by a judge. A guide to what your sentences will turn into two years later, in a courtroom.
Read moreA lawyer wired money up front to a stranger and got only part of the goods. Here is what I did next, minute by minute — and why the money came back, which almost never happens to victims of marketplace fraud.
Read moreLaw presents itself as a system of rules. Yet a dispute is often played as one of four games: with full information, with hidden cards, over resources, or with nothing but the hope of rolling a six. What game theory, behavioural economics and the sociology of law say about position, bluffing, staying power and faith in justice, from Kotov and von Neumann through Kahneman and Galanter to Schelling.
Read moreJudges are prone to the same biases as everyone else, clients often want something other than what they say, and both the other side and the lawyer have blind spots of their own. What the research shows, where it is disputed, and what it means for running a case.
Read moreClassical game theory assumes a rational opponent. But what if the person on the other side is not out to win, but to destroy you, even if it ruins them too? What game theory, behavioural economics and psychology say about such an opponent, and which strategies are left when the Harvard school of negotiation falls short.
Read moreWhy good lawyers read more than the statute book. A popular-science overview of what behavioural economics and the Harvard school of negotiation say about bargaining, cognitive biases and the psychology of disputes.
Read moreCase law from the past two years shows that a party to civil proceedings can demand far more from the court than the textbook suggests. Seven procedural tools that decide cases which only look straightforward.
Read moreThe courtroom and the boardroom run on the same principles. Master them, and you win in both.
Read moreA lawyer who tells you 'we'll win this' without asking what the victory will cost you isn't doing you a service. They're making themselves a sale.
Read moreSomeone has filed a criminal complaint against you. What happens now, how providing an explanation differs from being questioned as an accused person, what rights you have and what to avoid. Calmly and to the point.
Read moreA partner breakup is like a divorce, only with a worse contract. Four phases for getting through it without needless damage.
Read moreCourt, mediation or arbitration? Four factors that help you choose the right forum and save time and money.
Read moreLimitation can be a strategic weapon, a trap or a negotiating lever. It depends on which side of the dispute you stand.
Read moreLet’s solve it
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