Emotional Skills and Lie Detection for Negotiators and Lawyers

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  1. For a thorough summary of the large amount of  research that shows how emotion affects negotiation, The Lawyer–Negotiator as Mood Scientist: What We Know and Don’t Know about How Mood Relates to Successful Negotiation, 2002 J. Disp. Resol. 1 (2002)
  2. For a briefer summary of how emotion affects negotiation and the role of nonverbal communication, Clark Freshman, Identity, Beliefs, Emotion, and Negotiation Success, in The handbook of dispute resolution 99 (Michael L. Moffitt & Robert C. Bordone eds. 2005).
  3. For further examples of the role of emotion, nonverbal information, and lie detection, Clark Freshman, After Basic Mindfulness Mediation: External Mindfulness, Emotional Truthfulness, and Lie Detection in Dispute Resolution, 2006 J. Disp. Resol. 511 (2006)
  4. For a discussion of how nonverbal science can help one know when to use common techniques such as active listening – and when they backfire, see Clark Freshman, Yes, and: Core Concerns, Internal Mindfulness, and External Mindfulness for Emotional Balance, Lie Detection, and Successful Negotiation, 10 Nev. L.J. 365 (2010)
  5. Clark Freshman, Lie Detection and The Negotiation Within, 16 Harv. Neg. L. Rev. 263 (2011).