Download this Paper Open PDF in Browser

Priming Legal Negotiations Through Written Demands

38 Pages Posted: 29 Sep 2010 Last revised: 28 Mar 2011

Carrie Sperling

University of Wisconsin Law School, Frank J. Remington Center

Date Written: July 24, 2010

Abstract

Lawyers frequently start negotiations with a written demand. But legal scholars have not, until now, considered the demand letter part of the negotiation process. Negotiation theory focuses almost exclusively on face-to-face negotiations and incorporates research from psychology, economics, and other social sciences to explain lawyers’ and clients’ emotions and decisions. By contrast, legal writing texts give lawyers guidance about how to effectively write a demand letter, but this advice lacks any connection to the multi-disciplinary empirical research seen as so important in the negotiation context. This disconnect may serve as an impediment to more favorable negotiations. In fact, this untested advice about how to write demand letters could actually have the unwanted effect of causing protracted litigation and less favorable settlements.

This article draws upon research in social psychology to demonstrate that demand letters deserve more attention and study. The words lawyers use to convey their demands can have powerful, lasting effects on the course and nature of negotiations because they almost certainly frame the issues, anchor a recipient’s perceptions, and prime the recipient’s goals and behaviors. If we are to fully understand what causes protracted, hostile litigation as opposed to cooperative negotiations and lasting resolutions, we must start by applying sound negotiation theory to the written demand.

Keywords: negotiation, alternative dispute resolution, mediation, demand letters, legal writing, social psychology, priming

Suggested Citation

Sperling, Carrie, Priming Legal Negotiations Through Written Demands (July 24, 2010). Catholic University Law Review, Vol. 60, No. 1, p. 107, 2010. Available at SSRN: https://ssrn.com/abstract=1661145

Carrie Sperling (Contact Author)

University of Wisconsin Law School, Frank J. Remington Center ( email )

975 Bascom Mall
Madison, WI 53706
United States

Paper statistics

Downloads
689
Rank
29,844
Abstract Views
3,157