Date of this Version

2015

Document Type

Book Chapter

Publication Details

Draft version

Wade, J. H. (2015). Negotiating about power sharing and how to make decisions in the future.1-13

This paper is a draft version for a chapter in a second edition of a book:

Schneider, A. K., & Honeyman, C. (Eds). (2016). The Negotiator's fieldbook: The desk reference for the experienced negotiator (2nd ed.). Chicago: American Bar Association.

© Copyright, John Wade, 2015

Abstract

This chapter will set out a “gradation” of legal decision-making power ranging from total to zero. Such a gradation provides a useful template and a form of “expert power” for any negotiator.

Founding fathers and mothers of clubs, churches, organizations and nations are particularly adept at negotiating balances of power in the form of “constitutions”. The founders usually negotiate with passion and persistence as they have experienced absolute power corrupting absolutely. Power sharing deals also commonly include power over budget spending; relocating children; appointing judges; hiring and firing employees; implementing medical research, prisoner release and military invasions1.

Negotiations about decision-making power raise a challenge. What is the predictable “range” of non-numerical offers, counter offers and solutions from total to zero legal power? Generic negotiation agenda questions about power often take forms such as:

  • How will future decisions be made about the following different topics----(expenditure, medical care, armament restrictions, holidays etc)?

  • Or, who will have the power to make future decisions about----?

  • What conditions, if any, should be followed before or after each type of decision is made?

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.