Cardozo Journal of Conflict Resolution
Abstract
Almost thirty years ago, Robert Condlin wrote an article discussing the frustrations of students in his Negotiations class. He noted that his law students saw legal argument in negotiation primarily as a source of vexation rather than resolution. In the twenty-plus years I have taught negotiations, I have heard the same thing many times. Students will prepare and research and then be disconcerted when their negotiating partners are not swayed by their brilliant legal arguments. One comment by a student in a paper discussing his team's preparation for negotiation shows the initial thought process in a domestic relations negotiation: "It was important for us to focus primarily on real life situations, research some of the law, and use it against Trudy." When this preparation produces results, students are happy; when students feel they are being "stonewalled" despite their superior legal position, they are less so.
Disciplines
Dispute Resolution and Arbitration | Law | Legal Education
Recommended Citation
Nancy L. Schultz,
Law and Negotiation: Necessary Partners or Strange Bedfellows?,
15
Cardozo J. Conflict Resol.
105
(2013).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol15/iss1/6