Justice in Negotiating: How and Where to Find It and Use It

Abstract

Conflict over justice is the basis of negotiation, as the parties search for an outcome that is just enough, both to be preferable to their initial, but unilaterally unreachable, priorities and to the alternative of continued conflict. They do this in preparation for negotiating the exchange or division of items contested between them; the parties come to an agreement on the notion of justice that will govern this disposition. If they do not, the negotiations will not be able to proceed to a conclusion. Conflicting notions of justice act as a substantive veto on agreement and must be coordinated and accepted as the first stage of negotiation. The resulting notion of justice constitutes a formula, general principles defining the nature of the process, including the nature of the problem and the terms of trade. Ten historical cases are considered.