The Elusive Shadow of the Law

Abstract

This article explores the conditions which lead to variation in the degree to which law affects private negotiations? It is an extension and modification of Mnookin and Kornhauser's (1979) formulation that negotiations occur in the shadow of the law. Drawing on prior research on disputes, I hypothesize that this effect depends on the way a claim is framed (which in turn is affected by the claimant's gender), on the mode of attorney involvement, and on claimant use of informational networks. I examine these hypotheses by an analysis of a small sample of recently divorced men and women who were interviewed about the negotiations that led to their custody and child-support arrangements.