Negotiating against a Script

By | 11th August 2019

Scripts or playbooks created by corporate managers to handle consumer and other claims reduce the discretion for negotiators to resolve individual disputes. How can one possibly “get to yes” by offering creative options to solve problems when the other party won’t even engage in basic negotiation behaviors (questioning and responses, information exchange, agenda setting, offers, brainstorming, arguments, proposed solutions, counterarguments, or even counteroffers)? How can we negotiate successfully in these predetermined and limited negotiation settings?

Negotiating against a Script Robert Dingwall and Carrie Menkel-Meadow.

Pp. 219-24 in Schneider, A.K. and Honeyman, C., eds. Negotiation Essentials for Lawyers, ABA Book Publishing, Chicago, 2019.

This practical guide covers more than fifty key negotiation topics. It is the only book on negotiation that takes an array of crucial negotiation elements and makes them easy not only to read, but to use. All chapters share a standard format, so lawyers can find the essentials quickly. Subject matter experts from a variety of fields summarize the best and most recent research and theoretical advances in negotiation.

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