| Original language | English (US) |
|---|---|
| Title of host publication | International encyclopedia of the social & behavioral sciences |
| Editors | James D Wright |
| Publisher | Elsevier |
| Pages | 418-422 |
| Number of pages | 5 |
| Edition | 2 |
| ISBN (Electronic) | 9780080970875 |
| ISBN (Print) | 9780080970868 |
| DOIs | |
| State | Published - Mar 26 2015 |
Abstract
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.
Keywords
- 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