Missouri Journal of Dispute Resolution 2017 (1)
15 Pages Posted: 23 Jan 2017 Last revised: 11 Aug 2017
Date Written: 2017
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: 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