To what extent is the New Zealand Treaty of Waitangi settlement process "interest-based" negotiation?

被引:0
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作者
Morris, Grant [1 ]
机构
[1] Victoria Univ Wellington, Law, Melbourne, Vic, Australia
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D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The New Zealand government and related agencies in the Treaty of Waitangi settlement process claim that the style of negotiation adopted in this process is interest based. It is also claimed by some organisations that the negotiation approach is in line with the Fisher and Ury interest-based model. These claims are inaccurate. The process does incorporate interest-based negotiation in some stages to a limited extent but in other stages the approach is absent. Even when the approach is incorporated it is not practised in accordance with the Fisher and Ury model. The negotiation style used can be more accurately defined as a hybrid. Statements relating to the nature of settlement negotiation should be revised to more accurately reflect what is actually occurring and consideration should be given to utilising a more comprehensive interest-based approach.
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页码:120 / 130
页数:11
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