Mediator Misunderstanding of Bargaining Basics: Heading in an Ugly Direction

Stulberg, Joseph B.

Journal: Cardozo Journal of Conflict Resolution

Volume: 16

First Page: 807

Year: 2015

Bluebook Citation: 16 CARDOZO J. CONFLICT RESOL. 807 (2015)

Author: Joseph B. Stulberg: all 12 publications


Abstract

A mediator facilitates bargaining conduct among negotiating parties. She conducts the session in a way that is designed to improve everyone's understanding of the situation, promote thoughtful problem solving, and develop settlement terms acceptable to all. When performing her tasks, a mediator must prefer or promote a particular bargaining approach by and among the parties. The only question is: which bargaining theory and approach should she privilege?

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