Legal Negotiation

Negotiation is extremely common in legal settings. In the criminal context, most cases are resolved through the plea bargaining process rather than through trials. Similarly, many more civil disputes are resolved by private settlement than go to trial. Transactional lawyers spend much of their time negotiating deals and contracts. In practice, lawyers will negotiate with opposing parties and their counsel, with insurers, with regulators, and with their own clients. Psychologists have studied negotiation in a variety of contexts, including negotiation as it occurs in the legal system. Research indicates that negotiation outcomes may be influenced by such factors as cognitive heuristics and biases, social perceptions, emotions, social influence, and the legal background of the negotiators.

Basic negotiation theory holds that negotiation outcomes are a function ...

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