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Limits of Negotiation

In collaboration with Gabriella Blum, Visiting Assistant Professor at Harvard Law School, Professor Mnookin is working on a project relating to the “limits of negotiation” -- i.e., when not to negotiate. The negotiation canon largely focuses on the benefits of the negotiation process, particularly when compared to more coercive means of dispute resolution such as litigation or warfare. The goal of this project is to offer a decision-making framework that exposes the relevant considerations, both benefits and costs, that a party should appropriately take into account in thinking whether or not to enter into a negotiation process. This project will draw on and extend “When Not to Negotiate,” in The Negotiator’s Handbook (Andrea Kupfer Schneider and Christopher Honeyman, eds) (American Bar Association, 2006) pp. 101-112 (with G. Blum) and “When Not to Negotiate: A Negotiation Imperialist Reflects on Appropriate Limits,” 74 University of Colorado Law Review 1077 (2003).