Negotiating (in the Shadow of a) European Private Law

Abstract

The outcome of any negotiation, dispute or rulemaking, is to a certain extent influenced by rules and precedents. Moreover, clear and predictable rules may protect the weaker party in a negotiation because, as objective standards, these rules impact the distributive issues at stake, and contribute to the outcome fairness of the agreement. Applied to the field of European private law, the author argues for a more consistent approach to harmonisation, taking into account insights from negotiation theory and process building.

Keywords: European private law, Negotiation theory