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Abstract

The central thesis of this Article is that each party's desire to attain personal happiness underlies all decisions in negotiations. While this paradigm does not resolve all of the uncertainties about negotiations, it does provide a simple reference point that can help us understand what the parties to a negotiation want, expect, and are willing to accept. It can also help us develop and employ effective strategies and tactics. The objective of all negotiators is to obtain satisfactory outcomes. As lawyers, we have a professional responsibility to try to maximize our clients' satisfaction with the results of negotiations. This requires us to try to influence the decisions of other people to obtain the results preferred by our clients. Our success as negotiators is measured by the degree to which we achieve our clients' objectives. We are not ordinarily required to seek "fair" results, although fairness will sometimes be among our clients' objectives.

Publication Title

Clinical Law Review

Volume

5

Issue

1

First Page

211

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