The Definition of Negotiation: A Play in Three Acts

Missouri Journal of Dispute Resolution 2017 (1)

Marquette Law School Legal Studies Paper No. 17-06

19 Pages Posted: 23 Jan 2017 Last revised: 8 Feb 2017

Andrea Kupfer Schneider

Marquette University - Law School

Noam Ebner

Creighton University School of Law - Werner Institute for Negotiation and Dispute Resolution

David Matz

University of Massachusetts Boston

John Lande

University of Missouri School of Law

Date Written: 2017

Abstract

This article is based on a provocative conversation between Andrea Kupfer Schneider, Noam Ebner, and David Matz as they drove to the airport following the University of Missouri’s symposium, Moving Negotiation Theory From the Tower of Babel Toward a World of Mutual Understanding. After a while, John Lande metaphorically joined their quest to find a good definition of negotiation. They considered examples of interactions with deans, judges, bank officers, grocers, drivers, terrorists, and muggers, among others, to try to identify critical elements of negotiation. For example, can the interaction be called a negotiation, if one party holds all the cards? Is it a negotiation if only one party is interested in negotiating? This article should stimulate readers’ thinking about this deceptively challenging question, and is particularly appropriate for use in negotiation courses.

Keywords: negotiation, definition, power, interests, teaching, ADR

Suggested Citation

Schneider, Andrea Kupfer and Ebner, Noam and Matz, David and Lande, John, The Definition of Negotiation: A Play in Three Acts (2017). Missouri Journal of Dispute Resolution 2017 (1); Marquette Law School Legal Studies Paper No. 17-06. Available at SSRN: https://ssrn.com/abstract=2902743

Andrea Kupfer Schneider

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States

Noam Ebner (Contact Author)

Creighton University School of Law - Werner Institute for Negotiation and Dispute Resolution ( email )

2500 California Plaza
Omaha, NE 68178
United States

David Matz

University of Massachusetts Boston ( email )

100 Morrissey Blvd
Boston, MA 02125
United States

John Lande

University of Missouri School of Law ( email )

Hulston Hall
Columbia, MO 65211
United States

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