Shattering Negotiation Myths and Building New Foundations

Document Type

Book Section

Publication Date

8-2025

ISBN

9780197784518

DOI

10.1093/oso/9780197784518.003.0017

Abstract

This article empirically examines how lawyers negotiate and serves to shatter the myth that adversarial bargaining is more effective and less risky than problem-solving. The data reported herein is based on a wide-ranging study that asked lawyers to evaluate the negotiation styles and the resulting effectiveness of other lawyers. First, the study shows that effective negotiators exhibit certain identifiable skills. The research indicates that a negotiator who is assertive and empathetic is perceived as more effective. The study also reveals distinctive characteristics of ineffective negotiators, who are more likely to be stubborn, arrogant, and egotistical. Furthermore, when this adversarial negotiator is unethical, he is perceived as even less effective. Third, the study found that problem-solving behavior is perceived as highly effective. This information should help focus negotiation training toward the task of learning these new skills or modifying ineffective habits.

First Page

98

Last Page

101

Num Pages

4

Publisher

Oxford University Press

Editor

Art Hinshaw, Andrea Kupfer Schneider, & Sarah Rudolph Cole

Book Title

Discussions in Dispute Resolution: The Coming of Age (2000-2009)

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