Book contents
- Frontmatter
- Contents
- Preface
- 1 Introduction
- 2 Norms for the use of technology in dispute resolution
- 3 Developing dispute resolution processes
- 4 Technologies for supporting dispute resolution
- 5 Advanced intelligent technologies for dispute resolution
- 6 A three-step model for Online Dispute Resolution
- 7 Future prospects
- Glossary
- Bibliography
- Index
3 - Developing dispute resolution processes
Published online by Cambridge University Press: 04 August 2010
- Frontmatter
- Contents
- Preface
- 1 Introduction
- 2 Norms for the use of technology in dispute resolution
- 3 Developing dispute resolution processes
- 4 Technologies for supporting dispute resolution
- 5 Advanced intelligent technologies for dispute resolution
- 6 A three-step model for Online Dispute Resolution
- 7 Future prospects
- Glossary
- Bibliography
- Index
Summary
Principles and theory of negotiation
Numerous models have been developed from detailed studies of how people negotiate. Formal models, such as game theory, rely upon a mathematical concept of optimal convergence. But do such models realistically simulate human behaviour?
Negotiation analysis
Sebenius (2007) describes the emergent field of negotiation analysis. He claims that it is conceptually located between decision analysis and game theory and seeks to develop prescriptive theory and useful advice for negotiators and third parties. It generally emphasises assessment of the parties' underlying interests, alternatives to negotiated agreement, approaches to productively manage the inherent tension between competitive actions to ‘claim’ value individually and cooperative ones to ‘create’ value jointly, as well as efforts to change perceptions of the negotiation itself. Since advice to one side does not necessarily presume the full (game theoretic) rationality of the other side(s), negotiation analysts often draw on the findings of behavioural scientists and experimental economists.
Sebenius further claims that this approach does not generally assume that all the elements of the negotiation or ‘game’ are common knowledge. The theory tends to de-emphasise the application of game theoretic solution concepts or efforts to find unique equilibrium outcomes.
Instead, it evaluates possible strategies and tactics. Negotiation analysts generally focus on changes in perceptions of the zone of possible agreement and the (subjective) distribution of possible negotiated outcomes conditional on various actions.
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- Publisher: Cambridge University PressPrint publication year: 2010