Law and Negotiation: Necessary Partners or Strange Bedfellows?
15 Cardozo J. Disp. Res. 401 (2013)
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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