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5 - Negotiations

Published online by Cambridge University Press:  05 June 2012

Simon Roberts
Affiliation:
London School of Economics and Political Science
Michael Palmer
Affiliation:
School of Oriental and African Studies, University of London
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Summary

The Nature of Negotiation

Negotiation represents the primary, universal route to decision and action in the social world. The core features of negotiation are to be found in widely different contexts, ranging from the unselfconscious routines of everyday life to the formalised, set-piece exchanges of an international conference. These fundamental features remain constant whether the issue is uncontentious or a focus of extreme conflict. Thus, negotiation as a mode of decision-making spans everyday interaction and the more complex, stressful exchanges encountered in the context of disagreement and dispute.

The features of negotiation are revealed most clearly in simple, bilateral exchanges in which information flows in both directions, understanding is achieved and an outcome is reached – the lived counterpart of Habermas' theoretical construct, the ‘ideal speech situation’ (Habermas, 1979). So negotiation involves communication, leading to joint decision-making. It is a process over which the parties retain control; exchanges take place within a common universe of meaning; and these determine the outcome in immediate terms. Here the ultimate contrast is with acquiescence in an adjudicatory process in which power over the outcome lies with a third party (Extract 5:1).

A number of identifiable conditions have to be present if negotiation is to take place. The first involves finding some medium of communication that will allow messages to pass backwards and forwards between the parties; this may, but need not, involve finding a mutually acceptable forum.

Type
Chapter
Information
Dispute Processes
ADR and the Primary Forms of Decision-Making
, pp. 113 - 152
Publisher: Cambridge University Press
Print publication year: 2005

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  • Negotiations
  • Simon Roberts, London School of Economics and Political Science, Michael Palmer, School of Oriental and African Studies, University of London
  • Book: Dispute Processes
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511805295.006
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  • Negotiations
  • Simon Roberts, London School of Economics and Political Science, Michael Palmer, School of Oriental and African Studies, University of London
  • Book: Dispute Processes
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511805295.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Negotiations
  • Simon Roberts, London School of Economics and Political Science, Michael Palmer, School of Oriental and African Studies, University of London
  • Book: Dispute Processes
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511805295.006
Available formats
×