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When males and females negotiate with persons of the opposite sex - and people of the same sex - gender-based stereotypes may influence their interactions. Men and women often assume that males are more likely to be competitive, win-lose negotiators who want to maximize their own return. Women are expected to be more accommodating, win-win negotiators who try to preserve relationships by seeking to maximize the joint return achieved by the parties. If these assumptions are accurate, we might expect men to achieve better negotiating results than women. This article explores common gender-based beliefs that might affect bargaining interactions. It then compares the performance of male and female law students over the past sixteen years on Legal Negotiation course exercises to determine whether men or women achieve better results on negotiation exercises. The data suggest that negotiator gender does not significantly influence negotiation results.

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GWU Law School Public Law Research Paper No. 267; GWU Legal Studies Research Paper No. 267

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