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

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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

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.

Additional Information

Online ISSN: 1942-9851

Item type Article
URI https://vuir.vu.edu.au/id/eprint/7737
Subjects Historical > FOR Classification > 1801 Law
Historical > Faculty/School/Research Centre/Department > Faculty of Business and Law
Keywords ResPubID22256. decision support, negotiation, fairness, power, interest-based negotiation support systems, plea bargaining, Australian family law mediation, Australia
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