Negotiation Theory and Strategy / Edition 1

Negotiation Theory and Strategy / Edition 1

by Russell Korobkin
     
 

ISBN-10: 0735527709

ISBN-13: 9780735527706

Pub. Date: 03/28/2002

Publisher: Wolters Kluwer Law & Business

This book is an ideal text for a 2,3, or 4-unit Negotiation course or clinic or for an ADR course with a substantial negotiation component. This concise, interdisciplinary work draws on the social sciences as well as cutting-edge legal scholarship and traditional legal sources to create an analytical framework for understanding and applying negotiation strategy.

Overview

This book is an ideal text for a 2,3, or 4-unit Negotiation course or clinic or for an ADR course with a substantial negotiation component. This concise, interdisciplinary work draws on the social sciences as well as cutting-edge legal scholarship and traditional legal sources to create an analytical framework for understanding and applying negotiation strategy.

After a stage-setting introduction, the book progresses through units on:

  • The Structure of Negotiation
  • The Negotiator
  • Additional Parties
  • The Law of Negotiation

    Examine Negotiation Theory and Practice, you will find the book offers:

  • an interdisciplinary approach to the study of negotiation theory drawing on law, psychology, economics, and sociology
  • a combination of excerpted readings, narrative text, note material elaborating on and developing points made in the readings, and discussion questions and problems accompanying each chapter
  • excerpts from leading negotiation scholars including Fisher & Ury, Lax & Sebenius, Schelling, Mnookin, Menkel-Meadow, Riskin, Shell, Craver, and Gilson
  • comprehensive coverage of the law of negotiation including misrepresentation and rules governing litigation settlement
  • a clear, approachable writing style that makes generous use of examples and hypotheticals

  • Product Details

    ISBN-13:
    9780735527706
    Publisher:
    Wolters Kluwer Law & Business
    Publication date:
    03/28/2002
    Edition description:
    Older Edition
    Pages:
    493
    Product dimensions:
    6.40(w) x 9.40(h) x 1.30(d)

    Table of Contents

    Prefacexix
    Acknowledgmentsxxiii
    Part IIntroduction1
    Chapter 1Toward a Conceptual Approach to Negotiation7
    A.The Steps of Negotiation: An Overview7
    1.Preparation8
    2.Information Exchange11
    3.Agreement Proposals13
    4.Resolution14
    B.Conceptual Models of Negotiation16
    Toward Another View of Legal Negotiation: The Structure of Problem-Solving17
    A Positive Theory of Legal Negotiation21
    Why Negotiations Fail: An Exploration of Barriers to the Resolution of Conflict26
    Discussion Questions and Problems30
    Part IIThe Structure of Negotiation33
    Chapter 2Estimating the Bargaining Zone37
    A.BATNAs and Reservation Prices37
    A Positive Theory of Legal Negotiation37
    Notes41
    B.Calculating Reservation Prices: A Prescriptive Approach43
    1.Alternatives43
    2.Preferences44
    3.Probabilities of Future Events44
    4.Risk Preference45
    5.Transaction Costs47
    6.Value of Time48
    7.Effect on Future Opportunities49
    Notes50
    C.Aspirations57
    Bargaining for Advantage: Negotiation Strategies for Reasonable People58
    Notes61
    Discussion Questions and Problems63
    Chapter 3Psychological Factors in Evaluating Alternatives63
    A.Risk Preference and the Framing Effect68
    Gains, Losses, and the Psychology of Litigation69
    Notes74
    B.The Endowment Effect and the Status Quo Bias76
    Experimental Tests of the Endowment Effect and the Coase Theorem76
    Inertia and Preference in Contract Negotiation: The Psychological Power of Default Rules and Form Terms81
    Notes85
    C.Anchoring87
    Psychological Barriers to Litigation Settlement: An Experimental Approach88
    Notes91
    D.Overconfidence and the Self-Serving Bias94
    Self-Serving Assessments of Fairness and Pretrial Bargaining95
    Notes99
    E.Reactive Devaluation102
    Reactive Devaluation in Negotiation and Conflict Resolution103
    Notes107
    Discussion Questions and Problems108
    Chapter 4Integrative Bargaining111
    A.Expanding the Bargaining Zone111
    The Manager as Negotiator115
    The Limits of Integrative Bargaining121
    Notes126
    B.Strategies for Reaching Integrative Agreements129
    1.Adding to and Subtracting Issues from the Negotiation "Package"130
    2.Logrolling132
    3.Avoiding the Fixed-Sum Error133
    4.Focusing on Ultimate Interests Rather Than Superficial Positions134
    Roger Fisher, William Ury & Bruce Patton, Getting to Yes134
    5.Confronting Adverse Selection and Moral Hazard Problems138
    6.Exploring the Opponent's Interests and Preferences: Asking Questions139
    7.Revealing Interests and Preferences141
    8.Post-Settlement Settlements141
    Notes142
    Discussion Questions and Problems144
    Chapter 5Power149
    A.Changing the Bargaining Zone152
    B.Manipulating Perceptions of the Bargaining Zone156
    A Positive Theory of Legal Negotiation157
    Notes162
    C.Commitments163
    The Strategy of Conflict165
    Notes168
    D.Patience171
    1.Costs of Lost Time173
    2.Costs of Negotiating174
    Notes175
    Discussion Questions and Problems178
    Chapter 6Fair Division and Related Social Norms183
    A.The Reciprocity Norm184
    Influence: Science and Practice185
    Notes191
    B.Convention195
    Fairness as a Constraint on Profit Seeking: Entitlements in the Market196
    Getting to Yes203
    Notes on the Bedouin Horse Trade or "Why Won't the Market Clear, Daddy?"205
    Notes207
    C.Norms of Distributive Justice209
    Notes211
    Discussion Questions and Problems218
    Part IIIThe Negotiator221
    Chapter 7The Negotiator's Dilemma223
    A.The Prisoner's Dilemma as Metaphor224
    The Evolution of Cooperation225
    Notes231
    B.Coping with the Negotiator's Dilemma233
    The Ethics of Lying in Negotiation233
    The Manager as Negotiator235
    Notes237
    Discussion Questions and Problems240
    Chapter 8Conflict Style243
    A.Cooperation versus Competition244
    Legal Negotiation and Settlement244
    Notes249
    B.Empathy versus Assertiveness250
    The Tension Between Empathy and Assertiveness250
    Notes253
    Discussion Questions and Problems254
    Chapter 9Group Membership257
    A.Gender258
    Gender, Risk Taking, and Negotiation Performance258
    In a Different Voice: Psychological Theory and Women's Development262
    Notes265
    B.Culture270
    Culture and Negotiation273
    Making Deals in Strange Places: A Beginner's Guide to International Business Negotiations279
    Culture and Negotiator Cognition: Judgment Accuracy and Negotiation Processes in Individualistic and Collectivistic Cultures282
    Notes287
    Discussion Questions and Problems290
    Part IVAdditional Parties293
    Chapter 10The Principal-Agent Relationship295
    A.The Benefits of Lawyer-Agents295
    Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation298
    Value Creation by Business Lawyers: Legal Skills and Asset Pricing303
    Notes309
    B.The Principal-Agent Tension310
    Evans v. Jeff D.313
    Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer316
    Notes320
    Discussion Questions and Problems324
    Chapter 11Multilateral Negotiations329
    A.Coalitions and Negotiating Power329
    1.The Problem of "Unstable" BATNAs329
    2.Power Dynamics: To Join or Not to Join the Coalition331
    B.Fair Division334
    C.Identifying the Bargaining Zone336
    Legal Negotiation: Theory and Applications336
    Notes339
    Discussion Questions and Problems340
    Chapter 12The Use of Mediation in Negotiation343
    A.The Potential Benefits of Mediation345
    1.Facilitate Introspection and Analysis345
    2.Facilitate Communication346
    3.Evaluate Issues Relevant to the Parties' Reservation Prices347
    4.Filter Private Information350
    5.Create Focal Points352
    6.Reduce Reactive Devaluation353
    7.Deter Extreme Distributive Tactics354
    Notes355
    B.Mediator Strategies356
    Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed357
    The Caucus: Private Meetings That Promote Settlement365
    Notes370
    Discussion Questions and Problems372
    Part VThe Law of Negotiation375
    Chapter 13Misrepresentation377
    A.Representations about the Negotiation's Subject Matter379
    Vulcan Metals Co. Inc. v. Simmons Manufacturing Co., Inc.379
    Notes380
    B.Representations Related to the Speaker's Reservation Price385
    Kabatchnick v. Hanover-Elm Building Corp.385
    Notes387
    C.Nondisclosure390
    Swinton v. Whitinsville Savings Bank390
    Weintraub v. Krobatsch391
    Notes394
    D.Sanctions for Misrepresentation396
    Cresswell v. Sullivan & Cromwell396
    Notes398
    E.Misrepresenting the Objective: "Bad Faith" Negotiation399
    Venture Associates Corp. v. Zenith Data Systems Corp.400
    Notes403
    F.The Ethics of Misrepresentation405
    Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation405
    Negotiation Ethics: How to Be Deceptive Without Being Dishonest/How to Be Assertive Without Being Offensive406
    The Ethics of Lying in Negotiations409
    Moral Truthseeking and the Virtuous Negotiator411
    Discussion Questions and Problems412
    Chapter 14Rules Encouraging Litigation Settlement417
    A.Fee Shifting and "Offer of Settlement" Rules418
    From "Loser Pays" to Modified Offer of Judgment Rules: Reconciling Incentives to Settle with Access to Justice419
    Notes423
    B.Judicial Settlement Conferences426
    In re Novak427
    Notes432
    Nick v. Morgan's Foods, Inc.434
    Notes438
    C.Inadmissibility of Settlement Negotiations440
    Thomas v. Resort Health Related Facility441
    Affiliated Manufacturers, Inc. v. Aluminum Co. of America443
    Notes446
    Discussion Questions and Problems447
    Chapter 15Limitations on Settlement451
    A.Judicial Review of Settlements452
    1.Power Imbalances452
    Lewis v. Lewis452
    2.Principal-Agent Conflicts454
    Mars Steel Corp. v. Continental Illinois National Bank454
    3.Protecting the Public Interest459
    United States v. Microsoft Corp.459
    B.Settlement in Multiple-Defendant Litigation463
    Elbaor v. Smith464
    Notes466
    Discussion Questions and Problems467
    Table of Cases469
    Collected References471
    Index479

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