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Toward another view of legal negotiation: The structure of problem solving

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... In situations that allow creating value beyond what is immediately obvious, negotiators systematically and predictably fail to optimize by agreeing to lose-lose features (Thompson & Hrebec, 1996), leaving value on the table and reaching impasse (Raiffa, 1982;Thompson, 2005). The quality of outcomes has been considered a function of negotiators' social motivation and resistance to yielding (Druckman, 1994;Pruitt & Rubin, 1986), their social and epistemic motivation (De Dreu, Beersma, Stroebe, & Euwema, 2006;De Dreu, Koole, & Steinel, 2000;Van Kleef, De Dreu, & Manstead, 2004), their mental models or orientations (Bazerman, Curhan, Moore, & Valley, 2000;Menkel-Meadow, 1983;Van Boven & Thompson, 2003) and their mixed motives (Lax & Sebenius, 1986;Mnookin, 2000;Murnighan, Babcock, Thompson, & Pillutla, 1999). ...
... While negotiations normally carry the potential to create value beyond what is immediately obvious (Deutsch, 1973;Pruitt & Rubin, 1986;Walton & McKersie, 1965), negotiators assume the contrary. The critical bias identified by the decision perspective research is that the value in negotiation is fixed (the 'fixed-pie' or 'zero-sum' assumption), which leads the parties to focus on the competitive distributive aspects of the interaction and leave value creation out of focus (see e.g., Bazerman, Magliozzi, & Neale, 1985;Bazerman & Neale, 1986, 1991De Dreu et al., 2000;Menkel-Meadow, 1983;O'Connor & Adams, 1999;Pinkley et al., 1995;Thompson, 1991). A related bias is that negotiators' interests cannot be compatible (i.e., if I want something, the counterparty will oppose that) and causes lose-lose agreements where the parties both prefer one option, but settle for another (Thompson & Hrebec, 1996). ...
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LEGAL NEGOTIATION AND SETTLEMENT, supra note 2, at 15-58. 287. See supra note Ill
  • See G Williams
See G. WILLIAMS, LEGAL NEGOTIATION AND SETTLEMENT, supra note 2, at 15-58. 287. See supra note Ill. [Vol. 31:754
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R. AxELROD, THE EVOLUTION OF COOPERATION (1984).