Negotiation in United States
Negotiation Definition
The deliberation which takes place between the parties touching a proposed agreement. That which transpires in the negotiation makes no part of the agreement, unless introduced into it. It is a general rule that no evidence can be given to add, diminish, contradict, or alter a written instrument. 1 Ball. (Pa.) 426; 4 Dall. (Pa.) 340; 3 Serg. & R. (Pa.) 609. In Mercantile Law. The act by which a bill of exchange or promissory note is put into circulation by being passed by one of the original parties to another person. Until an accommodation bill or note has been negotiated, there is no contract which can be enforced on the note; the contract, either express or implied, that the party accommodated will indemnify the other, is, tjill then, conditional. 2 Man. & G. 911.
Negotiation in Foreign Legal Encyclopedias
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| Negotiation | Negotiation in the World Legal Encyclopedia. |
| Negotiation | Negotiation in the European Legal Encyclopedia. |
| Negotiation | Negotiation in the Asian Legal Encyclopedia. |
| Negotiation | Negotiation in the UK Legal Encyclopedia. |
| Negotiation | Negotiation in the Australian Legal Encyclopedia. |
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| Negotiation | Negotiation in the Family Law Portal of the American Encyclopedia of Law. |
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| Negotiation | Negotiation in the Commercial Law Portal of the American Encyclopedia of Law. |
| Negotiation | Negotiation in the Criminal Law Portal of the American Encyclopedia of Law. |
| Negotiation | Negotiation in the Antritrust Portal of the American Encyclopedia of Law. |
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| Negotiation | Negotiation in the Constitutional Law Portal of the American Encyclopedia of Law. |
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| Negotiation | Negotiation in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Negotiation | Negotiation in the Employment and Labor Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
The deliberation which takes place between the parties touching a proposed agreement. That which transpires in the negotiation makes no part of the agreement, unless introduced into it. It is a general rule that no evidence can be given to add, diminish, contradict, or alter a written instrument. 1 Ball. (Pa.) 426; 4 Dall. (Pa.) 340; 3 Serg. & R. (Pa.) 609. In Mercantile Law. The act by which a bill of exchange or promissory note is put into circulation by being passed by one of the original parties to another person. Until an accommodation bill or note has been negotiated, there is no contract which can be enforced on the note; the contract, either express or implied, that the party accommodated will indemnify the other, is, tjill then, conditional. 2 Man. & G. 911.
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Notice
This definition of Negotiation Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
The transfer of a written instrument in a manner that makes the transferee the holder of the instrument. If payable to order, an instrument is negotiated by endorsement and delivery; if payable to bearer, by delivery alone. An instrument is not negotiated until it is transferred by the person to whom it is issued. Thus A make a note payable to B and delivers it to him. Subsequently, by negotiation, B transfers the note to C, and C to D, and so on. As opposed to transfer by assignment (in U.S. law), the innocent transferee by negotiation takes the paper free of defenses that are good against the transferor. See also negotiable instrument (in U.S. law).
What is Negotiation?
For a meaning of it, read Negotiation in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Negotiation.
Negotiation (Documents of Title)
This section introduces, discusses and describes the basics of negotiation. Then, cross references and a brief overview about Documents of Title is provided. Finally, the subject of Commercial Law in relation with negotiation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Negotiation (Negotiable Instruments)
This section introduces, discusses and describes the basics of negotiation. Then, cross references and a brief overview about Negotiable Instruments is provided. Finally, the subject of Commercial Law in relation with negotiation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
Diplomacy; Game Theory; International Conflict Resolution; Labor Relations; Collective Bargaining. Deterrence; Disarmament; International relations; Nuclear war; Peace; Simulation.
Collective Bargaining ; Labor Unions
Civil Society; Conflict; Diplomacy; Foreign Policy; Game Theory; Government; International Monetary Fund; International Relations; Legal Systems; Nation; Nongovernmental Organizations (NGOs); North Atlantic Treaty Organization; Partition; Peace; Peace Process; Secession; Settlement, Negotiated; United Nations; World Trade Organization
Further Reading (Books)
Cox, Archibald 1958 The Duty to Bargain in Good Faith. Harvard Law Review 71:1401-1433.
Dennett, Raymond; and Johnson, Joseph E. (editors)1951 Negotiating With the Russians. Boston: World Peace Foundation.
Douglas, Ann 1962 Industrial Peacemaking. New York:Columbia Univ. Press.
Frank, Jerome D. 1941 Recent Studies of the Level of Aspiration. Psychological Bulletin 38:218-226.
IklÉ Fred Charles1964 How Nations Negotiate. New York: Harper.
Mosely, Philip E. 1960 The Kremlin and World Politics: Studies in Soviet Policy and Action. New York: Vintage. _ See especially pages 3-41, “Some Soviet Techniques of Negotiation.”.
Pen, J. 1952 A General Theory of Bargaining. American Economic Review 42:24-42.
Rapoport, Anatol; and Orwant, Carol 1962 Experimental Games: A Review. Behavioral Science 7:1-37.
Schelling, Thomas C. 1960 The Strategy of Conflict. Cambridge, Mass.: Harvard Univ. Press.
Shubik, Martin(editor) 1964 Game Theory and Related Approaches to Social Behavior: Selections. New York: Wiley.
Siegel, Sidney; and Fouraker, Lawrence E. 1960 Bargaining and Group Decision Making: Experiments in Bilateral Monopoly. New York: McGraw-Hill.
Spanier, John W.; and Nogee, Joseph L. 1962 The Politics of Disarmament: A Study in Soviet-American Gamesmanship. New York: Praeger.
Stevens, Carl M. 1963 Strategy and Collective Bargaining Negotiation. New York: McGraw-Hill.
Walton, Richard E.; and Mckersie, Robert B. (editors)1965 A Behavioral Theory of Labor Negotiations: An Analysis of a Social Interaction System. New York: McGraw-Hill.
Westerfield, H. Bradford1955 Foreign Policy and Party Politics: Pearl Harbor to Korea. New Haven: Yale Univ. Press.
Wildner, Heinrich 1959 Die Technik der Diplomatie; L’art de negocier. Vienna: Springer.
Further Reading (Books 2)
Di Frances, John. “Use the Pro’s Negotiation Strategies.” Selling. December 2005.
Fisher, Roger, and William Ury. Getting to Yes: Negotiating Agreement without Giving In. Second Edition. Penguin, 2000.
Latz, Marty. “Are They Irrational or Are They Faking It? Negotiating a Business Deal with an Irrational Party.” Orlando Business Journal. 5 January 2001.
Lauback, Christopher. Mastering the Negotiation Process. Health Administration Press, 2002.
Nierenberg, Gerard I. Fundamentals of Negotiating. Hawthorn Books, 1977.
Whitaker, Leslie, and Elizabeth Austin. The Good Girl’s Guide to Negotiating: How to Get What You Want at the Bargaining Table. Little Brown, 2000.
Hillstrom, Northern Lights
updated by Magee, ECDI
Acuff, Frank L. (1997). How to Negotiate Anything with Anyone Anywhere Around the World. New York: AMACOM.
Fisher, Roger, and Ury, William, with Bruce Patton, ed. (1997). Getting to Yes: Negotiating Agreement Without Giving In (2nd ed.). London: Arrow Business Books.
Oliver, Jim R. (1996). A Machine Learning Approach to Auto-mated Negotiation and Prospects for Electronic Commerce. Retrieved October 28, 2005, from http://citeseer.ist.psu.edu/cache/papers/cs/984/ http:zSzzSzopim.wharton.upenn.eduzSz~oliver27zSzpaperszSzjmis.pdf/oliver97machine.pdf.
Donna L. McAlister-Kizzier
Further Reading (Articles)
Berridge, Geoffrey R. 2005. Diplomacy: Theory and Practice, 3rd ed. London: Palgrave.
Cohen, Raymond. 1997. Negotiating Across Cultures: Communication Obstacles in International Diplomacy, revised ed. Washington, DC: United States Institute of Peace Press.
Dixon, William J., and Paul D. Senese. 2002. Democracy, Disputes, and Negotiated Settlements. The Journal of Conflict Resolution 46 (4): 547_571.
Muldoon, James P., Jr., JoAnn Fagot Aviel, Richard Reitano, and Earl Sullivan, eds. 2005. Multilateral Diplomacy and the United Nations Today, 2nd ed. Boulder, CO: Westview Press.
Starkey, Brigid, Mark A. Boyer, and Jonathan Wilkenfeld. 1999. Negotiating a Complex World: An Introduction to International Negotiation. Lanham, MD: Rowman & Littlefield.
James P. Muldoon Jr.
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Negotiation Concession Patterns: A Multi-Country, Multi-Period Study, Journal of International Business Research; July 1, 2007; Hendon, Donald W.
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