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Vol 21 No 11 Nov/Dec 2016

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Negotiating by the Light of the Law: A Report on the Effect of Law on the Negotiation of Disputes

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ISBN13: 9781921113062
Published: September 2012
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: £26.99



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How much discretion or "leeways of choice" should be enjoyed by judges and others whose job it is to apply the law? Negotiating by the Light of the Law reports on a project where the researchers tested claims made about the relative merits of fixed rules and discretionary principles on negotiation in legal disputes. The researchers selected contrasting norms extracted from family law and contract law for testing, undertook an extensive literature review and created simulation experiments for lawyers. The findings provide valuable insight into whether more or less discretion is conducive to settlement, and into the way lawyers negotiate.

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Subjects:
Other Jurisdictions , Arbitration and Dispute Resolution, Australia
Contents:
Introduction
Reflections on Norm Form and Negotiation
Empirical Research and Results
Analysis of Results and Implications for Lawmakers
Appendixes:
A Instructions, Scenario and Relevant Laws for Family Law simulation
B Instructions, Scenario and Relevant Law for Contract Law simulation
C Questionnaire
D Briefing for Observers
E Summary of Simulations
Tabulated Results of Participant Surveys.