Strategy, Choice and the Skilled Legal Negotiator

This article provides an overview of competitive or distributive negotiation strategy and integrative or problem solving negotiation strategy, and then asks: what factors determine the strategy that should be selected in a specific negotiation? The article develops a framework of primary and secondary factors that can influence each side in choosing a negotiation strategy. This list may be of some value to negotiation researchers, but also offers guidance to assist the legal negotiator to engage their client in a discussion so that they are able to make this findamental decision on strategy together: This guidance can also assist the legal negotiator in preparing for the negotiation strategy that will be selected by the other side.