ABSTRACT
Interest in the science and art of negotiation has grown exponentially in the last ten years.' A wide variety of disciplines, including Jaw, political science, psychology, economics, sociology and game theory have been used to try to develop theoretical and empirical understandings of the negotiation process in a multitude of settings. Efforts to understand and teach what lawyers actually do have facilitated the study and teaching of negotiation.2 The movement in the United States, the United Kingdom' and elsewhere to foster 'alternatives to litigation'• as a way of resolving disputes has also increased the focus on the primary dispute resolution process of bilateral negotiation, particularly when conducted by party representatives (there still appears to be less focus on direct party transactional negotiations). Despite the vast outpouring of literature, theories about negotiation remain dichotomised or at best trichotomised into models of distributive (competitive) bargaining, integrative (problem-solving) bargaining or principled (or cooperative) bargaining.
