Negotiation and Bargaining: Role of Lawyers

Research output: Chapter in Book/Report/Conference proceedingEntry for encyclopedia/dictionary


Negotiation is a communication process that lawyers use to resolve disputes and to complete transactions on behalf of their clients. Two models are likely to guide lawyers' negotiations: a distributive model, which posits that negotiation is primarily a zero-sum game; and a problem-solving model, which posits that negotiation is a collaborative search for joint gains. Regardless of the negotiation model(s) employed, lawyer-negotiators find that predictable strategic, psychological, and structural barriers often arise to prevent them from obtaining optimal negotiation outcomes for their clients.

Original languageEnglish (US)
Title of host publicationInternational encyclopedia of the social & behavioral sciences
EditorsJames D Wright
Number of pages5
ISBN (Electronic)9780080970875
ISBN (Print)9780080970868
StatePublished - Mar 26 2015


  • Anchoring
  • Deal-making
  • Decision-making
  • Dispute resolution
  • Fixed-pie bias
  • Lawyers
  • Litigation
  • Loss aversion
  • Mediation
  • Negotiation
  • Overconfidence
  • Principal agent
  • Psychology
  • Self-serving bias
  • Settlement
  • Strategic decision-making

ASJC Scopus subject areas

  • General Social Sciences


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