Mediator Misunderstanding of Bargaining Basics: Heading in an Ugly Direction

Authors

Joseph B. Stulberg, The Ohio State University Moritz College of Law

Abstract

A mediator facilitates bargaining conduct among negotiating parties. She conducts the session in a way that is designed to improve everyone's understanding of the situation, promote thoughtful problem solving, and develop settlement terms acceptable to all. When performing her tasks, a mediator must prefer or promote a particular bargaining approach by and among the parties. The only question is: which bargaining theory and approach should she privilege?

Disciplines

Dispute Resolution and Arbitration | Labor and Employment Law | Law | Law and Economics

Recommended Citation

Joseph B. Stulberg, Mediator Misunderstanding of Bargaining Basics: Heading in an Ugly Direction, 16 Cardozo J. Conflict Resol. 807 (2015).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss3/7