Against Integrative Bargaining
نویسندگان
چکیده
Integrative bargaining, also known as “problem-solving,” “value-creating,” or “win-win” negotiation, is the centerpiece of normative negotiation scholarship and negotiation teaching. It has held this position at least since the publication of “Getting to Yes” by Fisher and Ury in 1981, and perhaps since the publication of “A Behavioral Theory of Labor Negotiations” by Walton and McKersie in 1965. To begin, let me admit that the title of this essay is somewhat misleading, or at least lacks the subtlety that I hope to convey. I am not really against integrative bargaining, by which I mean structuring negotiated agreements in such a way as to increase the joint value of a deal to the participating parties. As a matter of fact, I’m firmly in favor of it. Through integrative bargaining, negotiators can make everyone involved in a transaction better off than they would otherwise be. But the value of integrative bargaining, although substantial, has been oversold. This is true, I believe, with regard to negotiation generally, and especially concerning legal negotiations, the term I use for the negotiation contexts in which lawyers most
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