A Positive Theory of Legal Negotiation

Russell B. Korobkin

UCLA School of Law

March 2000

Georgetown Law Journal, Vol. 88, 2000

Abstract:

The legal negotiation literature emphasizes the numerous tactical issues facing negotiators without providing a clear theoretical construct that can serve as an organizing principle. Professor Korobkin proposes a descriptive theory of legal negotiation centered on what he identifies as the two strategic imperatives of the process: defining the range of possible agreements («zone definition») and agreeing on a single deal-point within that range («surplus allocation»). Using a variety of examples, the article argues that all negotiation tactics can be understood as serving one of these two strategic goals.

A Positive Theory of Legal Negotiation

Be the first to comment

Leave a Reply

Tu dirección de correo no será publicada.


*


Google Analytics