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Negotiation as an intersubjective process: Creating and validating claim-rights

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Abstract:

Negotiation is mainly treated as a process through which counterparts try to satisfy their conflicting interests. This traditional, subjective approach focuses on the interests-based relation between subjects and the resources which are on the bargaining table; negotiation is viewed as a series of joint decisions regarding the relation of each subject to the negotiated resources. In this paper, we will attempt to outline an intersubjective perspective that focuses on the communication-based relation among subjects, a relation that is founded upon communicative rationality mechanisms which are inherent in social activity. Much in contrast to the concept of interests which describe the relationship of each subject alone to the resources, we will use the concept of “claim-rights” which are properly formed and validated only vis-à-vis negotiating partners and on the basis of the communication that develops among them. We will offer a step-by-step account of the creation of claim-rights and argue that their validation does not necessarily lie in the parties’ interests, but in the communication mechanisms that induce consensus and result in mutually acceptable outcomes.

Keywords: Agreement; Communicative Action; Conflict; Consensus; Intersubjectivity; Negotiation; Rights

Document Type: Research Article

DOI: https://doi.org/10.1080/09515089.2011.633692

Publication date: 2013-02-01

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