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56 Loy. L. Rev. 359 (2010)
Using Performative, Distributive, Integrative, and Transformative Principles in Negotiation

handle is hein.journals/loyolr56 and id is 363 raw text is: USING PERFORMATIVE, DISTRIBUTIVE, INTEGRATIVE, AND TRANSFORMATIVE PRINCIPLES IN NEGOTIATION James R. Holbrook* DIFFERENTIATING BETWEEN FOUR APPROACHES Disputes between parties can involve four different kinds of possible interactions or combinations of interactions: disputed high-conflict communication; distribution of something of value; a mutually acceptable solution to a shared problem; or repair of a damaged relationship. The first interaction is identified with performative negotiation, the second with distributive negotiation, the third with integrative negotiation, and the fourth with transformative negotiation. Different styles of communication are associated with each type of negotiation. In a performative negotiation, the parties narrate incompatible conflict stories and engage in little or no listening or problem solving. In a distributive negotiation, communications are often about who should pay how much, to whom, and why. In an integrative negotiation, communications tend to focus on the parties' needs and the ways in which they can work together. In a transformative negotiation, communications center on the parties' relationship and how the parties can interact more effectively with each other. The outcome expected by parties to a negotiation undoubtedly will require the use of one or more of these kinds of negotiation. Because many unanticipated issues can arise in a negotiation, an effective negotiator must be able to recognize which principles are appropriate and easily transition between the different styles of communication. To do this effectively a negotiator must understand which negotiation principles are appropriate for specific contexts and objectives. * Professor Holbrook is a clinical professor of negotiation and mediation at the S. J. Quinney College of Law at the University of Utah. Since 1987 Professor Holbrook has served as a mediator in over 500 cases involving a wide range of legal disputes. In these mediations, he personally observed how many different lawyers and parties negotiate. This article contains many of Professor Holbrook's personal observations about negotiation. 1. See, e.g., KENNETH CLOKE, MEDIATING DANGEROUSLY: THE FRONTIERS OF CONFLICT RESOLUTION 177 (2001). 359

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