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31 UCLA L. Rev. 754 (1983-1984)
Toward Another View of Legal Negotiation: The Structure of Problem Solving

handle is hein.journals/uclalr31 and id is 770 raw text is: TOWARD ANOTHER VIEW OF LEGAL NEGOTIATION: THE STRUCTURE OF PROBLEM SOLVING Carrie Menkel-Meadow* To sue is human, to settle divine -Sign in U.S. Magistrate's Office TABLE OF CONTENTS INTRODUCTION ....................................... 755 I. ASSUMPTIONS OF THE TRADITIONAL MODEL: ADVERSARIAL NEGOTIATION ......................... 764 A. The Structure and Process of Adversarial N egotiation ...................................... 767 1. The Structure of Adversarial Negotiation: Linear Concessions on the Road to Com prom ise ................................. 768 2. The Process of Adversarial Negotiation: Unproductive Competition ................... 755 B. The Underlying Assumptions of the Adversarial M odel ........................................... 783 1. The Zero-Sum Game: Assumptions of * Acting Professor of Law, University of California, Los Angeles; A.B., Bar- nard College; J.D., University of Pennsylvania. So many of my colleagues and friends have read and commented on earlier drafts of this Article that it is difficult to give credit where credit is due. On the other hand, the spirit with which my friends tried to solve the problems I encountered working on this piece amply demonstrates the advantages of the collaborative processes described in the text. I therefore must express my appreciation to those who entered into my problem-solving world and made some contribution to the final prod- uct or to my thinking: Richard Abel, Paul Bergman, David Binder, Victoria Bonebak- ker, Paul Brest, Carole Goldberg-Ambrose, Daniel Lowenstein, William McGovern, Robert Meadow, Patrick Patterson, Gary Schwartz, Murray Schwartz, Mark Spiegel and Stephen Yeazell. In addition, I must give special thanks to my Dean and friend, Susan Westerberg Prager, and to my colleague and husband, Robert Meadow, with- out whose support I would be solving no problems at all. And finally, I would like to express my gratitude to my editors Janet Kobrin and Sharon Nolfi. I think I can say that never has a law review editorial process been so pleasurable and supportive as we negotiated the words that follow.

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