I appreciate the explanation, but I wasn't saying people are incredible because they ask serious and rational question, but because we already knew that there will be some consequences to failling skill checks in dialogue. As I already said, from what JE exaplained, it will work pretty much as in F3. Minor situation, fail, no negative result. Major situation - like death - fail, be attacked, die etc.
As for your interest design decisions, I respect, appreciate and sustain it - myself being interested in game design. So pardon if my response wasn't really clear about its motive.
When did JE confirm that there are consequences for failing skill checks in dialogue and where do we know that in major situations, failing skill checks will result in things like death or being attacked? JE said, "I also do want to clarify what is meant by "no penalty for failure". All it means is that you won't wind up in a worse position than you were before selecting it. If a dude bursts in and is intent on killing you, he's still going to want to kill you if you fail the Speech check to talk him out of it," which reads, to me, that failing skill checks will put you in no worse a situation than having not tried the skill check at all. That is the very definition of "no penalty for failure". What he may be getting at is that there may be other dialogue options that you result in greater benefits that you will loose out on which, if the case, the "penalty" is simply not getting the benefit.
I think of a negative penalty as something like you do a barter check to try to get a merchant to sell slaves from the slavers and giving you a cut for hooking him up but if you fail, the merchant will no longer sell to you and maybe even report you.
I think we're on the same page.