A Positive Theory of Legal Negotiation
Russell B. Korobkin
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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