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Should you even negotiate over this issue? With this party? Now? Bingham presents a pragmatic overview of when negotiation might logically be avoided, and when, particularly in multiparty or dispute systems design, you might need to think strategically about unintended "chilling." This essay is closely linked to Blum's & Mnookin's on the principles of "not negotiating," and to Morash's, whose discussion of "nonevents" is one form of the systemic chilling that Bingham discusses here.
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