Copyright (c) 2000 Harvard Negotiation Law Review
Harvard Negotiation Law Review
ARTICLE: When David Meets Goliath: Dealing with Power Differentials in Negotiations
5 Harv. Negotiation L. Rev. 1
Robert S. Adler+, Elliot M. Silverstein++
The fundamental concept in social science is power, in the same sense in which energy is the fundamental concept in physics.
Bertrand Russell 1 Power is America's last dirty word. It is easier to talk about money-and much easier to talk about sex-than it is to talk about power.
Rosabeth Moss Kantor 2
Power: What it is and Where it Comes From8
Power Broadly Characterized8
Power as Social Interaction9
The Nature of Power10
Power is complex and situational10
Perceptions play a key role in power dynamics12
To have effective power, one must be willing to use it or be able to convince an opponent that one will use it16
Having greater power does not guarantee successful bargaining outcomes16
Power in negotiations typically arises from the dependence that each party has on the other19
Negotiation power depends less on the other side's strength than on one's own needs, fears, and available options20
Power is neither inherently good nor bad21
Sources of Power22
Power Imbalances in Negotiations: Legal Issues28
Protections in Arm's Length Transactions31
Good Faith and Fair Dealing in Contractual Performance and Enforcement49
The Special Case of Good Faith in Precontractual Negotiations52
Legal Protections for Negotiators Facing Power Disparities: Final Thoughts54
Strategic Bargaining in Unequal Power Settings: General ...
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