Email negotiation

I'm old enough to remember my parents buying us a TI-994A back in the day. It was a computer that you hooked into a television, used cassette tapes for programming and backups, and allowed you to play a mean game of Pong.

How far we've come.

More and more people are using email to negotiate. I see that becoming more and more common in the legal community--attorneys will shoot off emails to each other to agree to scheduling deadlines, deposition details, and even settling cases. In my law practice, I've seen emails where folks will discuss the terms of contracts.

But should we negotiate over email? Maybe.

This issue is discussed over at the ADR Prof Blog. The problem with negotiating over email is that folks are more likely to lie in an email than using pencil and paper (and I'd be willing to bet, in person or over the phone). Citing an article in Scientific American, there's something different about email that either allows or encourages folks to lie. Students in a study lied 92% of the time in an email negotiation compared to 64% of the time using pen and paper.

Also, emailers tend to be less formal than when one drafts a letter. Folks are more willing to say whatever is on their mind in an email, while a letter encourages deliberation and thought. Can you say "Exhibit Number 1?"

Email may be a good way to confirm agreements and conversations; but as a negotiation tool, try talking to folks.