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Article
Negotiation as One Among Many Tools
Marquette Law Review
  • Jennifer Gerarda Brown
  • Marcia Caton Campbell
  • Jayne Seminare Docherty
  • Nancy A. Welsh, Texas A&M University School of Law
Document Type
Article
Publication Date
4-2004
ISSN
0025-3987
Abstract

Article Extract

Even as this symposium examines the "canon" of negotiation, we think it is also important to consider negotiation's context. In many cases, negotiation cannot be the first or the only activity that takes place. To make significant progress in the resolution or management of some conflicts, other activities will have to precede or supplement negotiation. This can be particularly true in large-scale, multi-party public disputes.

Consider the following situation, one that might be unfolding even as you read this in any number of places in the United States. The setting is the state of Grace, a relatively small state with a healthy mix of rural, metropolitan, and suburban populations. Grace is struggling these days to determine how its laws should treat same-sex couples. Grace's neighbors to the north have seen judicial and legislative battles over marriage and civil union for same-sex couples. To the south, a neighboring state quietly passed domestic partnership legislation extending some but not all of the benefits of marriage to same-sex couples. Policymakers in Grace have followed these developments with interest.

Num Pages
8
Publisher
Marquette University Law School
File Type
PDF
Citation Information
Jennifer Gerarda Brown, Marcia Caton Campbell, Jayne Seminare Docherty and Nancy A. Welsh. "Negotiation as One Among Many Tools" Marquette Law Review Vol. 87 Iss. 4 (2004) p. 853 - 860
Available at: http://works.bepress.com/nancy-welsh/40/