The role of justice in negotiation

Albin, Cecilia and Druckman, Daniel (2010) The role of justice in negotiation. In: Handbook of group decision and negotiation. Advances in Group Decision and Negotiation (Vol. 4). Springer Science+Business Media, Dordrecht, Netherlands, pp. 109-119. ISBN 978-90-481-9096-6

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Abstract

This chapter discusses the role of justice in negotiation between rival parties and the durability of peace agreements. It draws on research about group negotiation processes and agreements to end civil wars, mostly during the early 1990s. Hypothesized relationships between the presence and importance of distributive justice (DJ) in the agreements, and their durability, were first explored with multiple methods (see also the chapter by Koeszegi and Vetschera, this volume). The difficulty of the conflict environment was shown to have the strongest impact on durability. However, the DJ principle of equality was found to reduce the negative impact of difficult environments. An emphasis on equality was also associated with more forward-looking agreements, which were found to be more durable than those that were backward looking. (See also the chapters by Nurmi, Klamber, Kilgour and Hipel, Turel, and Yuan, this volume for modeling approaches to issues of justice and fairness.) Next, the presence and importance of procedural justice (PJ) were examined in the negotiation processes that led to the signing of the peace agreements. Significantly more durable agreements occurred when a process based on PJ led to agreements that emphasized equality. This focus on process is similar to the analyses conducted by the authors chapters (See also the chapter by Koeszegi and Vetschera, Kersten and Lai, this volume). A close examination of how the equality principle was applied revealed that agreements based on provisions of equal treatment and/or equal shares were particularly durable. The chapter concludes with a discussion of tactics used by third parties to produce durable agreements, and lessons for policy.


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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publsiher copyright policy. Print copy held in the USQ Library at call no. 658.4036 Han.
Depositing User: epEditor USQ
Faculty / Department / School: Current - USQ Other
Date Deposited: 05 Jun 2011 05:33
Last Modified: 28 Nov 2013 02:25
Uncontrolled Keywords: negotiation; international relations; peace agreements
Fields of Research (FOR2008): 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220104 Human Rights and Justice Issues
16 Studies in Human Society > 1606 Political Science > 160607 International Relations
16 Studies in Human Society > 1606 Political Science > 160604 Defence Studies
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9403 International Relations > 940399 International Relations not elsewhere classified
Identification Number or DOI: doi: 10.1007/978-90-481-9097-3_7
URI: http://eprints.usq.edu.au/id/eprint/19147

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