Copyright (c) 2004 Marquette Law Review
Marquette Law Review
SYMPOSIUM: TEACHING NEGOTIATORS TO ANALYZE CONFLICT STRUCTURE AND ANTICIPATE THE CONSEQUENCES OF PRINCIPAL-AGENT RELATIONSHIPS
87 Marq. L. Rev. 655
Jayne Seminare Docherty* & Marcia Caton Campbell**
This essay assumes that becoming a creative, reflective practitioner of negotiation requires more than mastering negotiation techniques or strategies. It may be possible - but we think highly unlikely - that a professional negotiator will not encounter negotiation situations where the parties differ in type - e.g., an individual negotiating with a corporation or a corporation negotiating with a local community group. It is also highly unlikely that a professional negotiator will never encounter a situation where back table negotiations between the principal party and the agent representing that party disrupt the primary negotiation. There is no way to equip students with a set of discrete skills for managing these kinds of challenges. Instead, they need to learn to understand the structure of the negotiations and the structure of the conflicts being addressed by negotiations. This essay offers some tools for analyzing both the conflict and the negotiation process when it involves agents negotiating on behalf of others.
Negotiation courses usually focus primary attention on the interactions among the parties involved in the actual negotiation. Such courses also tend to either isolate the negotiation process from the social context within which it is embedded, or assume that students need only know about one small piece of the social context (e.g., the legal system or the business world). Students of negotiation should be encouraged to step back from the negotiation process and think more broadly about the social context within which they are operating. To this end, ...
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