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Control of the language and words employed, or the logos, is a crucial part of dispute resolution. To be used correctly, such language must be built into the appropriate framework. But, to take full advantage of this power—and to be able to defend against it—one must understand why people believe in and support what they do; this requires understanding morals and emotions and applying this knowledge to the relevant situation. Even those who understand general framing principles rarely understand how these frames can shape an entire discourse, simply by controlling the language, and thus the choices that are available.
This moral grounding is especially important for lawyers, who are often seen as hired guns: willing to say anything to successfully represent their client. Therefore, to surmount this skepticism, lawyers in dispute resolution should approach their client’s needs with a moral rationale that would make agreeing with their position the only choice that makes sense. At the very least, this will inscribe a counter-balancing force on the other party, which may enable the negotiator to enhance the deal. At best, it can result in total acquiescence. Control of the logos controls outcomes. By establishing, employing, and managing the logos, persons can maximize their ability to resolve conflicts in their favor.
The full text of this article is available in Volume 8, Issue 1, of the Cardozo Journal of Conflict Resolution.
All Rights Reserved © 12/05/2005
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