The Inherent Tension Between Value Creation and Value Claiming During Bargaining Interactions

Authors

Charles B. Craver, George Washington University Law School

Abstract

This article will discuss the inherent tension present in almost all legal and commercial negotiations between value creation and value claiming. How should interactants use integrative techniques to discover areas for potential joint gains, and how should they determine the actual value of the gains achieved? The article will then explore the way in which proficient negotiators employ distributive tactics to claim a greater share of the surplus for themselves. Before we examine those issues, however, we must consider different negotiator styles and the ways in which those styles influence value creation and value claiming.

Disciplines

Contracts | Dispute Resolution and Arbitration | Law | Legal Education

Recommended Citation

Charles B. Craver, The Inherent Tension Between Value Creation and Value Claiming During Bargaining Interactions, 12 Cardozo J. Conflict Resol. 1 (2010).
Available at: https://larc.cardozo.yu.edu/cjcr/vol12/iss1/3