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Transitions through Out‐of‐Keeping Acts
Author(s) -
McGinn Kathleen L.,
Lingo Elizabeth Long,
Ciano Karin
Publication year - 2004
Publication title -
negotiation journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.238
H-Index - 32
eISSN - 1571-9979
pISSN - 0748-4526
DOI - 10.1111/j.1571-9979.2004.00015.x
Subject(s) - negotiation , transition (genetics) , feature (linguistics) , computer science , political science , law , linguistics , chemistry , biochemistry , philosophy , gene
Within a negotiation, when an act by one party is out‐of‐keeping with the previous moves and underlying logic of the interaction, the act and those that follow hold the potential for creating a transition to a new logic of interaction. In this paper, we investigate the presence and role of seven distinct types of transitions resulting from out‐of‐keeping acts across ten complex legal negotiations. The data reveal that a critical feature differentiating across the types is the abruptness/gradualness of the transition. We explore the combination of relational, informational, and procedural acts comprising the transitions and find that all three components are present across transitions, but in different proportions and orders. Understanding the role of out‐of‐keeping acts in negotiations facilitates a more complete picture of the microprocesses involved in the creation of critical moments in negotiations.