The Pros and Cons of Getting to Yes - Shortcomings and Limitations of Principled Bargaining in Negotiation and Mediation

Funken, Katja

doi:10.2139/ssrn.293381

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The Pros and Cons of Getting to Yes - Shortcomings and Limitations of Principled Bargaining in Negotiation and Mediation

Katja Funken

University of Munich School of Law

Zeitschrift fur Konfliktmanagement

Abstract:
This paper examines the alleged shortcomings and limitations of principled bargaining in negotiation and mediation and analyses whether the criticism raised about Getting to YES can withstand closer scrutiny. After a brief introduction to the book, this paper will be divided into seven parts which will deal with the major points of criticism. The main focus will be on the following issues: (1) the danger of generalisation, (2) the distinction between interests and positions, (3) distributional bargaining and zero-sum games, (4) the hard bargainer, (5) power imbalances, (6) objective criteria and (7) perception and cognitive biases.

Number of Pages in PDF File: 23

JEL Classification: K49

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Date posted: December 18, 2001

Suggested Citation

Funken, Katja, The Pros and Cons of Getting to Yes - Shortcomings and Limitations of Principled Bargaining in Negotiation and Mediation. Zeitschrift fur Konfliktmanagement. Available at SSRN: http://ssrn.com/abstract=293381 or http://dx.doi.org/10.2139/ssrn.293381

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Katja Funken (Contact Author)

University of Munich School of Law ( email )

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Germany
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