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Under a Creative Commons license Open access AbstractEmotions play a very important role in the search for dispute resolution, but very often are neither understood nor effectively addressed by the parties to the dispute, also not properly controlled and managed by the professionals that are helping the parties to reach peaceful dispute resolution. The effective negotiator or mediator must take into account not only the economic, political and physical aspects of the process, but also the emotional tenor of themselves as well as that of all of the parties. This paper has three objectives: to define emotions and their role in solving legal disputes by the means of negotiation and mediation processes; to outline main elements of the process of developing emotional intelligence as they play out in the mediation and negotiation processes; and to explore some of the mechanisms for addressing and optimizing the emotional climate in negotiation and mediation processes. The object of the research – emotions in the processes of legal dispute resolution – negotiation and mediation. The research is composed of introduction, three parts and conclusions. Introduction provides a brief overview of the object of that research and its goals, part one describes emotions and their roles in negotiation and mediation processes, in part two four elements to develop emotional intelligence are overviewed and in the third part analysis of mechanisms for addressing and optimizing the emotional climate of negotiations and mediation are presented. The conclusion gives main ideas of the assignment of that work in brief. KeywordsLegal disputes Emotions Emotional intelligence Negotiation Mediation Cited by (0)Edward J. Kelly is University Counsel of East Tennessee State University and Quillen College of Medicine (1997 to present), Adjunct Professor in doctoral program Educational Leadership and Policy Analysis (1999 to present). Natalija Kaminskienė is the Head of the Laboratory of Mediation and Sustainable Dispute Resolution at Mykolas Romeris University (Lithuania), practicing attorney at law and member of several institutional committees on mediation set up in Lithuania. © 2016 Mykolas Romeris University. Production and hosting by Elsevier B.V. Abstract This study examines how the negotiation context affects evaluations of procedural and distributive justice, which in turn influence emotional reactions to the bargaining process and the final outcome distribution. Data are from questionnaire responses provided by subjects in a computerized experiment who offered different group-pay allocations. Perceived procedural justice, which is affected by the conflict between initial pay divisions, enhances positive feelings about the negotiation and attenuates depression over outcomes. One's own final pay level influences positively fairness of the outcome to self and negatively fairness to others. Fairness to self decreases negative feelings about final pay and increases pay satisfaction, but also guilt. Fairness to others, in contrast, only negatively affects guilt. The discussion emphasizes the importance of differentiating types of justice and of emotions to understand reactions to negotiations. Journal Information Social Forces is a journal of social research highlighting sociological inquiry but also exploring realms shared with social psychology, anthropology, political science, history, and economics. The journal's intended academic readers include sociologists, social psychologists, criminologists, economists, political scientists, anthropologists, and students of urban studies, race/ethnic relations, and religious studies. Publisher Information Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. OUP is the world's largest university press with the widest global presence. It currently publishes more than 6,000 new publications a year, has offices in around fifty countries, and employs more than 5,500 people worldwide. It has become familiar to millions through a diverse publishing program that includes scholarly works in all academic disciplines, bibles, music, school and college textbooks, business books, dictionaries and reference books, and academic journals. Rights & Usage This item is part of a JSTOR
Collection. How does emotion affect negotiation?While strong negative emotions can come with high costs at the bargaining table, not all emotions are detrimental to negotiation. Positive emotions can actually help facilitate a more favorable outcome, and feelings like anxiety or nervousness can be channeled to achieve success.
Which of the following is a true statement regarding the negotiation process?The correct answer is option (d) "it involves an open discussion of problem solutions". Negotiation refers to discussions that result in reaching an arrangement and understanding between the parties.
Which of the following factors is most likely to lead to negative emotions during a negotiation?Which of the following is true of the aspects of the negotiation process that lead to negative emotions? Negotiators are more likely to experience negative emotions when the negotiation ends in impasse.
Why is emotional control important in negotiation?Emotions help you influence and persuade the people across from you in any negotiation. Emotions help one learn and retain what one has learned. In fact the stronger the emotion, the greater the learning.
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Which of the following is true regarding the effect of emotions in a negotiation process?
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