Strategy, Choice and the Skilled Legal Negotiator

Abstract

This article provides an overview of competitive or distributive negotiation strategy and integrative or problem solving negotiation strategy, and then asks: whatfactors determine the strategy that should be selected in a specific negotiation? The article develops a framework of primary and secondary factors that can influence each side in choosing a negotiation strategy. This list may be ofsome value to negotiation researchers, but also offers guidance to assist the legal negotiator to engage their client in a discussion so that they are able to make this fundamental decision on strategy together. This guidance can also assist the legal negotiator in preparing for the negotiation strategy that will be selected by the other side.