Article Review on- “Saving Mr.

Banks and other interest based

Negotiations”
-Deeksha Agrawal
BA0160015

The Article ‘Saving Mr. Banks and other interest based Negotiations’ under review, in totality,
attempts to encourage people to opt for the interest-based negotiation rather than the one which
is based on positions of the parties. The whole article by the author has been divided into three
sections, each section focusing on a specific goal related to negotiation which is based on
interest.
Section I of the Article focusses on issues related to interest negotiation involved in transactions
between the parties and in litigation. Section II is more of an example-based writing focusing on
various real-life situations involving the use of interest-based negotiation. Lastly, Section III is
all about how interest-based negotiation plays its role in the litigation and this has been shown
through various examples in this part of the Article.
The author emphasizes the crucial role of bargaining in the interest-based negotiations. In fact,
the importance has been so much elated that it’s been regarded as the sine-qua-non of such kinds
of negotiation methods. Along with this, the value of negotiation based on the pursuit of interest
has been shown through the methods of complimenting, apologizing, and a deep listening skill.
The emphasis on the listening part of the negotiation skill seems to have been proved through
undermining the multi-tasking ability of the human brain through providing some research in this
regard. But this seems to be an utter disregard for the existing research which supports the multi-
tasking ability of the human brain. It means that even while thinking about other pointers while
negotiating, listening rather deep listening can be done without compromising on any one of
those.
While talking about the transactions, the author points out the value of negation as something
which is not currency in the strict sense of the term but which, if done properly, results in
enormous monitory benefits. For example, the court proceedings most of the time do not have
the capability to broker a compromise since people feel connected in the dispute. Whereas, in
interest-based negotiations there are better chances of even partnerships getting created out of the
dispute resolution mechanism.
Then the article moves on describing the pros and cons of the litigation and the reasons as to why
lawyers don’t feel for the early settlement of disputes through ADR methods. Primary reason, as
per the author, seems to be the fee factor involved in the elongated litigation. Lawyers’ interest
gets separated from those of their clients’ in that the lawyers get benefitted out of the long-term
trial procedures in the form of huge professional fees. Further, the discussion regarding the
problems in litigation has been analyzed in the Article through referring to employment
litigation, family law litigation, tobacco industries litigation etc. Through all these examples, the
author is essentially trying to say that if the tools of interest-based negotiation are to be applied
to the litigation then the outcome would be a “win-win” situation for all the parties involved,
including lawyers.