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The Pros and Cons of Getting to Yes - Shortcomings and Limitations of Principled Bargaining in Negotiation and Mediation

23 Pages Posted: 18 Dec 2001  

Katja Funken

University of Munich School of Law

Abstract

This paper examines the alleged shortcomings and limitations of principled bargaining in negotiation and mediation and analyses whether the criticism raised about Getting to YES can withstand closer scrutiny. After a brief introduction to the book, this paper will be divided into seven parts which will deal with the major points of criticism. The main focus will be on the following issues: (1) the danger of generalisation, (2) the distinction between interests and positions, (3) distributional bargaining and zero-sum games, (4) the hard bargainer, (5) power imbalances, (6) objective criteria and (7) perception and cognitive biases.

JEL Classification: K49

Suggested Citation

Funken, Katja, The Pros and Cons of Getting to Yes - Shortcomings and Limitations of Principled Bargaining in Negotiation and Mediation. Zeitschrift fur Konfliktmanagement. Available at SSRN: https://ssrn.com/abstract=293381 or http://dx.doi.org/10.2139/ssrn.293381

Katja Funken (Contact Author)

University of Munich School of Law ( email )

Veterinaerstr. 5
Institute of International Law
Munich, 80539
Germany
+49 89 2180 - 3331 (Phone)
+49 89 2180 - 3796 (Fax)

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