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20 Negot. J. 171 (2004)
Transitions through Out-of-Keeping Acts

handle is hein.journals/nejo20 and id is 165 raw text is: Transitions through Out-of-Keeping Acts Kathleen L. McGinn, Elizabeth Long Lingo, and Karin Ciano Within a negotiation, when an act by one party is out-of-keeping with the previous moves and underlying logic of the interaction, the act and those that follow hold the potential for creating a transition to a new logic of interaction. In this paper we investigate the presence and role of seven distinct types of transitions resulting from out-of-keeping acts across ten complex legal negotiations. The data reveal that a critical feature differentiating across the types is the abruptness/gradualness of the transition. We explore the combination of relational, informa- tional, and procedural acts comprising the transitions and find that all three components are present across transitions, but in different pro- portions and orders. Understanding the role of out-of-keeping acts in negotiations facilitates a more complete picture of the microprocesses involved in the creation of critical moments in negotiations. Coordinated action is oriented toward and based on making sense of the environmental and social challenges at hand. At the heart of the coordinated action that makes up every negotiation lies an often unstated logic for the Kathleen L. McGinn is a professor at Harvard Business School, Soldiers Field, Boston, MA 02163; e-mail: kmcginn@hbs.edu. Elizabeth Long Lingo is a Ph.D. candidate at Harvard Business School. Karin Ciano is a graduate of New York University School of Law. She practiced law for several years before teaching with NYU Law's first-year Lawyering Program. While at NYU, she and other lawyering faculty worked to review and develop the negotiation exercise studied in this article. 10.111 1/j.0748 4526.2004.00000.x @ 2004 Blackwell Publishing Negotiation Journal AptV2004 171

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