The Negotiator-as-Professional: Understanding the Competing Interests of a Representative Negotiator

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely on the table as active parts to the overall process, representative negotiation will be less than fully effective, ethical and satisfying as a process for all those involved, including clients, lawyers and the public.