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Providing Decision Support for Negotiation: The Need for Adding Notions of Fairness to Those of Interests

Zeleznikow, John and Vincent, Andrew (2007) Providing Decision Support for Negotiation: The Need for Adding Notions of Fairness to Those of Interests. The University of Toledo Law Review, 38 (4). pp. 1199-1240. ISSN 0042-0190

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Abstract

Traditional negotiation support systems focus on providing users with decision support that allows disputants to meet their interests and best obtain their goals. These systems, which are often based on Nash's principles of optimal negotiation or bargaining, aim to develop a win-win scenario. Most support systems frequently neglect vital issues of justice and power within a negotiation. Thus, while most negotiations involve components of interest-based, justice based or integrative negotiation. This is quite acceptable in certain areas, such as online auctions or e-commerce where logical consumers will only engage in beneficial actions; however, in other domains, issues of power and justice must be taken into account. In this article, we address the issue of how to integrate notions of fairness and justice into an interest-based negotiation support system. Even though the issue of power in negotiations is an important one, we do not address it in this article. Instead, we illustrate our ideas in two legal domains in which we have been constructing negotiation decision support systems: plea bargaining and Australian family law mediation.

Item Type: Article
Additional Information:

Online ISSN: 1942-9851

Uncontrolled Keywords: ResPubID22256. decision support, negotiation, fairness, power, interest-based negotiation support systems, plea bargaining, Australian family law mediation, Australia
Subjects: FOR Classification > 1801 Law
Faculty/School/Research Centre/Department > Faculty of Business and Law
Depositing User: VUIR
Date Deposited: 11 Apr 2012 04:23
Last Modified: 11 Apr 2012 04:23
URI: http://vuir.vu.edu.au/id/eprint/7737
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