A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation

Authors

John Lande, University of Missouri School of Law

Abstract

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. This Article demonstrates that the two "round holes" in current negotiation theory are poorly defined and do not reflect the reality of much pretrial negotiation. It argues that it is time to replace the system of theoretical models with a flexible framework that can accommodate virtually all legal negotiations, including those that do not fit into any pre-defined model.

Disciplines

Dispute Resolution and Arbitration | Law | Law and Society | Legal Profession

Recommended Citation

John Lande, A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, 16 Cardozo J. Conflict Resol. 1 (2014).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss1/3