Law in the Shadow of Negotiation: On the Jurisprudence of Roger Fisher
The Negotiator's Desk Reference (eds. Christopher Honeyman & Andrea Kupfer Schneider, ABA Forthcoming).
10 Pages Posted: 8 Mar 2017 Last revised: 16 Mar 2017
Date Written: March 2, 2017
This chapter reviews the life work of one of negotiation’s most famous scholars and offers a wholly new observation. Roger Fisher did not understand negotiation as primarily something that happens in the shadow of the law. Rather, based on his years thinking about international conflict, Fisher offered a theory of negotiation as a form of legal ordering and, by extension, a theory of law as a form of negotiation — one with enduring relevance for dispute resolution today.
Keywords: legal negotiation, alternative dispute resolution (ADR), Roger Fisher, legal ordering
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