U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Janus Quality of Negotiation: Dealmaking and Dispute Settlement

NCJ Number
Negotiation Journal Volume: 4 Issue: 2 Dated: (April 1988) Pages: 109-113
F E A Sander; J Z Rubin
Date Published
5 pages
This article examines the difference between negotiation over entry into a relationship (dealmaking negotiation or DMN) and negotiation over remaining in or leaving a relationship (dispute settlement negotiation or DSN).
In DMN the parties typically have had no prior dealings and the focus is on their future relationship. By contrast, DSN is a backward-looking transaction because a dispute has arisen under an existing agreement. DSN looks more to rights established under an existing agreement, and DMN focuses on parties' interests to be met by entering into an agreement. DMN offers an array of alternatives in the construction of a new agreement; whereas, DSN proceeds under the more restrictive conditions of an existing agreement where alternatives are limited. DSN is more likely to be adversarial and constrained by an agreement to remain in the relationship. DMN is usually characterized by joint problemsolving and the freedom to choose whether or not to enter into the relationship. 1 table and 6 references.


No download available