Bargaining in the Shadow of a Trial: Adding Notions of Fairness to Interest-Based Negotiation in Legal Domains

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Zeleznikow, John ORCID: 0000-0002-8786-2644, Bellucci, Emilia, Vincent, Andrew and Mackenzie, Geraldine (2007) Bargaining in the Shadow of a Trial: Adding Notions of Fairness to Interest-Based Negotiation in Legal Domains. In: GDN 2007 : Proceedings of Group Decision and Negotiation Meeting, Mt. Tremblant (Montreal), Canada, GDN. Kersten, Gregory, Rios, Jesus and Chen, Eva, eds. Group Decision and Negotiation Meeting . Concordia University, Montreal, Quebec, pp. 1-26.

Abstract

Most negotiation support systems have focused upon the notion of meeting the disputants’ interests. However in the legal domain, Alternative Dispute Resolution often occurs in the shadow of the law. Integrative bargaining neglects the vital issues of justice and power. In this article we address the issue of how to add notions of fairness to interests, through the development of the Family_Mediator system. Family_Mediator is an extension of the Family_Winner system, which advises mediators about potential trade-offs and compensation strategies for divorcing couples.

Additional Information

Group Decision and Negotiation Meeting (2007 : Mt. Tremblant, Canada) 14-17 May 2007
Item type Book Section
URI https://vuir.vu.edu.au/id/eprint/10694
ISBN 9780889474543
Subjects Historical > Faculty/School/Research Centre/Department > School of Management and Information Systems
Historical > RFCD Classification > 280000 Information, Computing and Communication Sciences
Historical > SEO Classification > 8999 Other Information and Communication Services
Keywords ResPubID13943, fairness, interest based negotiation, justice, trade-offs, family mediation, plea-bargaining
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