Law and Negotiation: Necessary Partners or Strange Bedfellows?
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
40 Pages Posted: 5 Mar 2013 Last revised: 14 Jul 2014
Date Written: February 4, 2013
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.
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