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<blockquote data-quote="Ovinomancer" data-source="post: 8252148" data-attributes="member: 16814">Well, yes, of course these are negotiations.&nbsp; I'm trying to get the arbiter or the judge to agree with goals by leveraging how they think on the law.&nbsp; The judge/arbiter is trying to find out which decision best suits their goals.&nbsp; That there is a large power disparity, in that the judge/arbiter has the ability to enforce their decisions (within constraints) doesn't remove the fact that there's a negotiation between parties.I mean, you negotiate a surrender, and that's a case where there's a large power disparity.&nbsp; I think that the difference in power is being allowed to overshadow the part where you're negotiating terms, which happens in arbitration and in courtrooms.&nbsp; The defendant in a court is trying to negotiation terms where the judge will rule in their favor due to the arguments presented, and the prosecution is doing the same thing (adjust for civil procedures as needed).&nbsp; The judge has goals of ruling well so as to increase the odds of remaining in office/gaining prestige/looking good in the press or less savory goals.&nbsp; All parties are trying to maximize their positions relative to the others.&nbsp; This is a negotiation.And no, not all conflict resolution is a negotiation.&nbsp; If someone is shot dead, that resolves a conflict, and there's no negotiation.&nbsp; Negotiation is part of social interactions.</blockquote>

[QUOTE="Ovinomancer, post: 8252148, member: 16814"] Well, yes, of course these are negotiations. I'm trying to get the arbiter or the judge to agree with goals by leveraging how they think on the law. The judge/arbiter is trying to find out which decision best suits their goals. That there is a large power disparity, in that the judge/arbiter has the ability to enforce their decisions (within constraints) doesn't remove the fact that there's a negotiation between parties. I mean, you negotiate a surrender, and that's a case where there's a large power disparity. I think that the difference in power is being allowed to overshadow the part where you're negotiating terms, which happens in arbitration and in courtrooms. The defendant in a court is trying to negotiation terms where the judge will rule in their favor due to the arguments presented, and the prosecution is doing the same thing (adjust for civil procedures as needed). The judge has goals of ruling well so as to increase the odds of remaining in office/gaining prestige/looking good in the press or less savory goals. All parties are trying to maximize their positions relative to the others. This is a negotiation. And no, not all conflict resolution is a negotiation. If someone is shot dead, that resolves a conflict, and there's no negotiation. Negotiation is part of social interactions. [/QUOTE]

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