A Positive Theory of Legal Negotiation

The legal negotiation literature emphasizes the numerous tactical issues facing negotiators without providing a clear theoretical construct that can serve as an organizing principle. Professor Korobkin proposes a descriptive theory of legal negotiation centered on what he identifies as the two strategic imperatives of the process: defining the range of possible agreements ("zone definition") and agreeing on a single deal-point within that range ("surplus allocation"). Using a variety of examples, the article argues that all negotiation tactics can be understood as serving one of these two strategic goals.