A Positive Theory of Legal Negotiation
Russell B. Korobkin
University of California, Los Angeles (UCLA) - School of Law
Georgetown Law Journal, Vol. 88, 2000
The legal negotiation literature emphasizes the numerous tactical issues facing negotiators without providing a clear theoretical construct that can serve as an organizing principle. Professor Korobkin proposes a descriptive theory of legal negotiation centered on what he identifies as the two strategic imperatives of the process: defining the range of possible agreements ("zone definition") and agreeing on a single deal-point within that range ("surplus allocation"). Using a variety of examples, the article argues that all negotiation tactics can be understood as serving one of these two strategic goals.
Number of Pages in PDF File: 23Accepted Paper Series
Date posted: April 18, 2000
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