At 118. Additionally, refraining from attacking another party's reliability, but instead, reducing risks and praising honorable activity will help to engender an incentive for the other party to develop trustworthiness. Id. At 119-21. According to the authors, "people are more likely to behave reliably if they know their reliability is appreciated." Id. At 121. However, the authors stress that one must not place trust in an individual when it is unwarranted.
V. Persuasion
In contract law, as in relationships, coercion takes away an individual's free will and thus negates formation of an agreement (since an agreement requires a meeting of the minds). In negotiations, coercion may in the short-term get the opposition to succumb to one's demands, but will negatively impact any future relationship. The authors focus on the importance of persuading the opposition instead of coercing them to action. Persuasion tactics differ from coercion in that they (i) refrain from verbally attacking the opposing individual, (ii) they treat the negotiation as a mutual problem to solve instead of as a contest to win, (iii) they focus on each party's interests instead of focusing on partisanship, and (iv) they require the negotiating parties to remain open to new plausible solutions.
Persuasion does not limit an attorney's ability to use leverage in negotiations. Leverage merely focuses on the opposing party's interests in any benefits of the negotiations in contrast to the risk...
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