Negotiation theory is generally based on two models of negotiation:
- positional negotiation, which includes terms such as “distributive,” “competitive” and/or “adversarial,” bargaining
- interest-based negotiation, which includes terms such as “integrative,” “problem-solving,” or “cooperative problem-solving,” or “collaborative” bargaining
Prof. John Lande, of the University of Missouri School of Law’s Center for the Study of Dispute Resolution, also theorizes a third model, which he calls “ordinary legal negotiation”, which is a hybrid based on norms that develop in certain practice areas, geographical regions or under specific court or ethical rules.
In a pair of forthcoming articles in the Cardozo Journal . . . [more]