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DEUBERATION REQUIREMENTS
Another suggestion to avoid rushed decisions is to "build formal deliberation
requirements into the dispute resolution process." (p.l) This may mean specifying the
steps to be followed and the minimum time to be spent by the parties for each step.
Potentially affected parties may have to be notified by mail or newspaper advertisement
before any decision is taken. A review ofimpact statements may also have to be made.
Fuller (1992:186) acknowledges that taking such a step is accompanied by a
fear of failure of negotiations especially if you stand to lose from the deadlock. The
other party may capitalise on this and drag the negotiations. If the negotiations do not
succeed, there may be other opportunities for fruitful negotiation. The opponent may
also indicate willingness to talk. Therefore an effort must always be made to keep the
relationship amicable.
Outcome-based Evaluation of Negotiation
Kesner and Shapiro (1991) do not agree that negotiations are successful only if
they end in agreement being reached. This is an outcome-based evaluation of
negotiation, which has undesirable consequences. It is also based on negotiation reward
where negotiators are offered more incentive to reach an agreement or even paid a
percentage of the final settlement if agreement is reached. If negotiations do not
produce agreement lower fees are paid. The focus is on the quality of agreements, and
the results ofnon-agreement are disregarded as data.
To Kesner and Shapiro (1991) this state of affairs is undesirable because it
forces the negotiators to close deals, even ifthey are bad deals, because A BAD DEAL
IS BETTER THAN NO DEAL AT ALL. Critical issues, which might create difficulties
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