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Can lessons from game theory be applied to family law negotiations?

The author suggests using lessons from Game Theory to improve the negotiation process and to construct more fitting agreements upon the breakdown of the family unit in the cases of separation or divorce. Currently many settlement agreements are inappropriate for the parties for a variety of reasons, including not establishing the parties' true interests during the negotiations. Furthermore, an inappropriate agreement may not be reopened by the court, given strict procedural and jurisprudential requirements. Game Theory lessons promote communication, cooperation, and forgiveness without allowing either party to be manipulated. These elements, already found in Collaborative Law, favour incorporating the lessons from Game Theory into this negotiation process.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.99557
Date January 2006
CreatorsO'Hanlon, Johanne Elizabeth.
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Comparative Law.)
Rights© Johanne Elizabeth O'Hanlon, 2006
Relationalephsysno: 002573547, proquestno: AAIMR28641, Theses scanned by UMI/ProQuest.

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