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The two sides in an adversarial negotiation rarely bring their most reasonable offers to the table.
How can you come to a settlement that's fair to both sides in such an adversarial negotiation?
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One might assume that providing clients with "adequate information and explanation about the material risks of and reasonably available alternatives to" litigation and adversarial negotiation would fall within the purview of a lawyer's professional responsibility.
Starting with a familiar bilateral monopoly framework, we characterize the endogenous emergence of preference distortions during bargaining which cause negotiators to perceive their private valuations differently than they would outside the adversarial negotiation context.
In fact, litigation and adversarial negotiation can and do actually exacerbate the conflict.
In the meantime, buying a car can still involve some highly adversarial negotiations.
In legal disputes, contested insurance claims, and similarly adversarial negotiations, one party is likely to open with an inflated claim or a lowball offer.
The cap made the owners and players partners, a concept that Falk said had been lost after 15 years of adversarial negotiations.
In legal disputes, contested insurance claims, and similarly adversarial negotiations, they point out, the other party is likely to open with an inflated claim or a lowball offer.
In the end, the negotiations produced a settlement that, the District Court determined based on its detailed review of the process, was "the result of arms-length adversarial negotiations by extraordinarily competent and experienced attorneys". Id., at 335.
In the end, the negotiations produced a settlement that, the District Court determined based on its detailed review of the process, was "the result of armslength adversarial negotiations by extraordinarily competent and experienced attorneys". Id., at 335.
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