Different approaches to negotiation: Hard hitter or calm collaborator?

Has ADR become a form of privatised justice?
August 8, 2021
The use of the competitive model in negotiations
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Different approaches to negotiation: Hard hitter or calm collaborator?

Negotiation

This topic is a great topic to choose for your dissertation are there are many different avenues that could be explored! Take a look at some of our suggestions below:

Example negotiation dissertation topic 1:

Different approaches to negotiation: Hard hitter or calm collaborator?

Negotiation and other forms of ADR allow for varying styles and methods, concentrating often more on the content of the ADR than the manner in which it is conducted. However, it has been posited that even with the strongest case, ADR battles can be won and lost due to the technique of negotiation chosen. This dissertation looks at the two most well-known styles of mediation and ADR (collaborative and competitive) and considers if changing style aids in better resolutions. This dissertation will also review whether the success of the style is determined by the type of litigation (commercial, family, and so on) or whether, irrespective of issue, style is paramount.

Suggested initial topic reading:

  • Guttman, R and Maes, P. ‘Cooperative vs competitive multi-agent negotiations in retail electronic commerce’ [1998] 1435 LNAI 135
  • Robinson, P ‘Contending with Wolves in Sheep’s Clothing: A Cautiously Cooperative Approach to Mediation Advocacy’ [1998] 50 Baylor L Rev 963
  • Shell, GR ‘Bargaining styles and negotiation: The Thomas-Kilmann conflict mode instrument in negotiation training’ [2001] 17(2) Negotiation Journal 155