Resources > Marking the Trail
Marking the Trail
Marjorie Corman Aaron
Marking the Trail is a two-party mostly distributive case, set in a legal dispute but prior to any litigation filing. It’s distributive in the sense that its central focus is negotiating payment on sums owed. However, the negotiators can discover and take advantage of different preferences as to timing and perceived risk. It includes a wide ZOPA, facilitating discussion of anchoring and first offers. The negotiation takes place between two lawyers, with clear settlement authority limits provided by the parties. Each party’s circumstances may create the impression that they have less power than the other. Of course, each has substantial power; recognizing that will help them claim value in the negotiation.
Marking the Trail: Teaching Note (pdf)
Marking the Trail: Confidential Information for Pako Inc.’s Attorney (pdf)
Marking the Trail: Confidential Information for Syd Willette’s Attorney (pdf)