June 2018 Bar Bulletin
By A. Troy Hunter
In personal injury mediation, negotiation quickly becomes all about distributive bargaining: How much is one party willing to give and the other party willing to take, methodically approached by incremental tit-for-tat offers; each party always keeping a keen eye on their bottom line throughout the process. But is this the best way to maximize value and achieve a successful settlement resolution?
The Prisoner’s Dilemma is a paradigm for situations in which neither party wants to cooperate, yet both parties would benefit if they did. The classic illustration, seen countless times on TV cop shows, goes like this:
Two partners in crime are arrested and put into...