83 Journal of Organizational Culture, Communications and Conflict, Volume 12, No. 1, 2008 GENDER DISTINCTIONS AND EMPATHY IN NEGOTIATION Linda L. Barkacs, University of San Diego Stephen Standifird, University of San Diego ABSTRACT Litigation entails extremely high transactions costs and businesses are highly motivated to avoid it. Among the various methods of Alternative Dispute Resolution ("ADR") designed to obviate litigation, highly developed negotiation skills are critical. Although everyone should seek to cultivate their negotiation skills, research indicates that very real gender distinctions can and do exist in a negotiation setting. While women seem to risk being judged more harshly when asserting themselves in negotiation, they may conversely be the beneficiaries of being seen as more empathetic. This paper will examine gender distinctions in negotiation and will explore the value of empathy in conflict management. INTRODUCTION Gender differences are the most researched topic in negotiation (Lewicki). When we speak of gender in the context of negotiation, we are referring to the "cultural and psychological markers of the sexes," not biology (Lewicki). Most research in the area focuses on the role of women in society and its effect on negotiation outcomes. Few researchers would posit that there are purely biological explanations of negotiator behavior (Lewicki). So are there actually differences in the negotiating behavior of males and females? Or is it simply society's expectations that lead us to see differences that don't truly exist? Research indicates that there are differences in approaches, expectations, and yes, outcomes of negotiation based on gender. This paper will endeavor to do three things. First, we will review past and current research to identify gender differences based on empirical research. Second, we will look at how and why these differences impact the outcomes of negotiations. For example, are males and females treated differently for assertive or aggressive negotiation behavior? And what role, if any, does empathy play in negotiation? Finally, we offer suggestions that we hope will "even the playing field."