Throughout her Negotiation and Mediation course at the University of California, Irvine School of Law, Professor Carrie Menkel-Meadow1 instructed her students to be prudent, diligent, creative and cooperative negotiators. This note is based on an assignment from Professor Menkel-Meadow’s course and is thus subject to inherent limitations in its scope.
As a renowned national and international expert in alternative dispute resolution (ADR), Professor Menkel-Meadow facilitated the growth and frequency of use of ADR in the United States since the late 1970s and early 1980s, and has continued to develop this field of study to present day.
This note focuses on three concepts that make a negotiator effective: (1) necessity of strategic and thorough preparation before negotiations; (2) use of framing and establishment of reputation during negotiations; and (3) flexibility in resorting to facilitated mediation. My analysis of these concepts is discussed through the thirteen days of negotiations between President John F. Kennedy (JFK) and Soviet Premier Nikita S. Khrushchev (Khrushchev) during the 1962 Cuban Missile Crisis. This paper is divided into two major components. First, I will analyze the United States’ initial contemplation in response to evidence of the Soviet Union’s construction of offensive-weapon bases in Cuba. Then, I will analyze the correspondences between JFK and Khrushchev leading up to the United Nations-based mediation sessions.
Edward A. Danielyan,
CUBAN MISSILE CRISIS: HOW THIRTEEN DAYS CHANGED THE WORLD,
U.C. Irvine L. Rev.
Available at: https://scholarship.law.uci.edu/ucilr/vol9/iss4/6