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Full-Text Articles in Law
A Framework For Advancing Negotiation Theory: Implications From A Study Of How Lawyers Reach Agreement In Pretrial Litigation, John M. Lande
A Framework For Advancing Negotiation Theory: Implications From A Study Of How Lawyers Reach Agreement In Pretrial Litigation, John M. Lande
Faculty Publications
The prevailing negotiation theory tries to fit lots of square pegs into just two round holes–adversarial or cooperative bargaining. In the real world, negotiation comes in many different shapes, not just circles and squares. Analyzing law school textbook definitions of the traditional models, this article demonstrates that the two “round holes” in current negotiation theory are poorly defined. It also presents empirical accounts of actual pretrial negotiations to demonstrate that the theoretical models do not fit some real-life negotiations. It argues that it is time to replace the traditional models with a flexible framework that can accommodate virtually all legal …
Against Gridlock: The Viability Of Interest-Based Legislative Negotiation, Gregory Brazeal
Against Gridlock: The Viability Of Interest-Based Legislative Negotiation, Gregory Brazeal
Gregory Brazeal
Early evaluations of the Obama administration have often focused on the administration’s legislative negotiation strategies. But these discussions have largely neglected the distinction between two basic types of negotiation recognized in the professional negotiation literature: positional (or hard-bargaining) negotiation, and interest-based (or principled) negotiation. The former attempts to secure the maximum share of a fixed amount of value by adopting an extreme position, knowing that it will not be accepted, and then using a combination of guile, bluffing, and brinksmanship to cede as little as possible before reaching a deal. The latter, which President Obama has practiced since at least …
It's About The Relationship: Collaborative Law In The Employment Context, Marcia L. Mccormick
It's About The Relationship: Collaborative Law In The Employment Context, Marcia L. Mccormick
All Faculty Scholarship
Work is central to American life and drives us in fundamental ways. And the workplace, as a result, dominates our lives. We are spending ever greater amounts of time in the workplace and less time in civic and social engagements. As a consequence, our relationships at work have become so significant that they are nearly as important to us as our family relationships. In fact, the employment relationship is similar to the family relationship in the emotional support from coworkers it can provide and in the financial support it provides. Because the employment relationship is so common and psychologically so …