Scripts: What to Do When Big Bad Companies Won't Negotiate

Ch. 51, in: The Negotiator’s Desk Reference (eds. Christopher Honeyman & Andrea Kupfer Schneider, ABA 2017 (in edits)), Forthcoming

16 Pages Posted: 17 Mar 2017

See all articles by Carrie Menkel-Meadow

Carrie Menkel-Meadow

University of California, Irvine School of Law; Georgetown University Law Center

Robert Dingwall

Independent

Date Written: March 16, 2017

Abstract

The authors reprise and update their earlier work “Last Plane Out” to examine the state of the art of negotiation with large companies who are repeat players in negotiation (airlines, Amazon, government agencies, retailers and others), analyzing past practices of “customer is always right” to current efforts to routinize and “electronocize” negotiations with customers, who are sometimes “one-off” negotiators. The authors analyze how both problem solving and more routinized negotiations must be adapted to new conditions. The authors analyze some Online dispute resolution strategies and offer some suggestions, from empirical study and personal experiences, for more effective ways to successfully negotiate when repeat players use inflexible “scripts and playbooks” for their negotiation processes. Issues of social justice, publicity, transparency and modern “aggregation” of claims are briefly reviewed.

Suggested Citation

Menkel-Meadow, Carrie J. and Dingwall, Robert, Scripts: What to Do When Big Bad Companies Won't Negotiate (March 16, 2017). Ch. 51, in: The Negotiator’s Desk Reference (eds. Christopher Honeyman & Andrea Kupfer Schneider, ABA 2017 (in edits)), Forthcoming, Available at SSRN: https://ssrn.com/abstract=2934430

Carrie J. Menkel-Meadow (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Drive
Irvine, CA 92697-1000
United States
949-824-1987 (Phone)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9379 (Phone)
202-662-9412 (Fax)

Robert Dingwall

Independent

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