Law and Negotiation: Necessary Partners or Strange Bedfellows?

40 Pages Posted: 5 Mar 2013 Last revised: 14 Jul 2014

See all articles by Nancy Schultz

Nancy Schultz

Chapman University, The Dale E. Fowler School of Law

Date Written: February 4, 2013

Abstract

How important is legal authority to the negotiation process? Scholars have discussed this issue and law students argue about it in negotiations classes. A survey of practicing lawyers reveals that law is very important to preparation for negotiation, but less so as a determinant of negotiated outcomes. Factors such as financial constraints, bargaining power, and negotiating skill seem to drive negotiated results in practice more than legal authority.

Keywords: negotiation

Suggested Citation

Schultz, Nancy, Law and Negotiation: Necessary Partners or Strange Bedfellows? (February 4, 2013). 15 Cardozo J. Disp. Res. 401 (2013); Chapman University School of Law, Chapman University, The Dale E. Fowler School of Law Legal Studies Research Paper Series, Paper No. 13-8 . Available at SSRN: https://ssrn.com/abstract=2211662 or http://dx.doi.org/10.2139/ssrn.2211662

Nancy Schultz (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866

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