Contract Negotiation Paper

5213 Words Jun 25th, 2011 21 Pages
YOU CAN’T HAVE A BIGGER PIE, WITHOUT A BIGGER PAN; THE FORCES BEHIND INTEGRATIVE BARGAINING
By Joseph Brick

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ABSTRACT Integrative bargaining is a highly effective means of negotiating an agreement. However, it is also an underutilized method. Although there has been a recent focus on the topic in the past thirty years, the factors which deem it beneficial are still little understood. What this paper attempts to set forth is an explanation of why integrative bargaining is a successful and desirable method of negotiating. With a better understanding of why integrative bargaining is effective, negotiators may be better able to utilize this method to its full potential. This paper culminates with a suggestion on how to best exploit
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The destabilizing forces of post formation application of equity principals to contracts will then be considered in the stability section. Both the stability and equity principals analyzed in the previous contract sections will then be applied to realm of negotiations. This note will conclude with an evaluation of the driving forces behind integrative bargaining and suggestions which will foster such a transition.

Why Negotiators Want to Get to Yes?

In what has been described as a landmark text in the field of Negotiation, Getting to Yes offers a unique prospective on the merits of integrative bargaining. 6 Through its many
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illustrations, the value of integrative bargaining over distributive bargaining becomes vividly apparent. One such example encompassed in the text was that of the orange. 7 The story goes
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something like this; two sisters are fighting over an orange. 8 The mother in a solemnest act,
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splits the orange down the middle awarding each daughter one half of the orange. 9 In first light,
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this seems like an equitable remedy. 10 This is distributive bargaining. 11 However, if the mother
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Valerie A. Sanchez, Back To The Future of ADR: Negotiating Justice and Human Needs, 18 OHSJDR 669, 693-94 (2003). 7 Fisher, et al., supra note 3, at 56-57. 8 Id. 9 Id. 10 Id. 11 Id. 4

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had inquired as to the specific interest each of her daughters maintained in the orange, both

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