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Beyond Winning
Negotiating to Create Value in Deals and Disputes
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Beyond Winning
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?
This book is essential reading for lawyers seeking effective negotiation strategies and clients aiming to better understand and participate in legal dispute resolution. It also benefits entrepreneurs, CEOs, and anyone involved in legal agreements or conflict management within the legal system.
Offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.
With its lively examples and its innovative framework for managing the tensions intrinsic to any negotiation, Beyond Winning is must reading for lawmakers as well as lawyers--for anyone, in fact, who is charged with resolving intractable disputes and forging lasting agreements. -- Senator George Mitchell Much negotiation literature suffers from one of two problems. Either it is too theoretical to be of use to practitioners or it is simplistic, purporting to give advice to negotiators in cookbook form. Beyond Winning captures the most important theoretical economic and social science material and uses vivid examples to demonstrate techniques for using theoretical insights in practice. The mini-case histories and transcripts of portions of negotiations that appear throughout the book are especially valuable ways both to illustrate theory and to provide practical guidance for its application. -- Carol B. Liebman, Columbia Law School The authors provide specific, concrete strategies lawyers and their clients can employ to mitigate the tensions that make legal negotiation so difficult. They integrate theory and practice in ways that do justice to the complexity of each. -- Jennifer Girarda Brown, Quinnipiac College School of Law On the cutting edge of negotiation literature, Beyond Winning is a spectacular integration of our contemporary understanding of negotiation, modern social science, and the legal context. This is an excellent book and is sure to become a must-read for lawyers, law students, and executives who deal with the legal process on a regular basis. -- Max Bazerman, Harvard Business School
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Description
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.
In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one's own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before.
But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests.
Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
Book Details
INFORMATION
ISBN: 9780674012318
Publisher: Harvard University Press
Format: Paperback / softback
Date Published: 15 April 2004
Country: United States
Imprint: The Belknap Press
Illustration: 15 line illustrations
Audience: Professional and scholarly
DIMENSIONS
Spine width: 25.0mm
Width: 156.0mm
Height: 235.0mm
Weight: 454g
Pages: 368
About the Author
Robert H. Mnookin is the Samuel Williston Professor of Law at Harvard Law School and the Director of the Harvard Negotiation Research Project. Before joining the Harvard faculty, he was the Adelbert H. Sweet Professor of Law at Stanford Law School and the Director of the Stanford Center on Conflict and Negotiation. He has served as a consultant to governments and international agencies and is the author of Bargaining with the Devil: When to Negotiate and When to Fight. Scott Peppet is Associate Professor, University of Colorado School of Law. Andrew S. Tulumello is an attorney in private practice.
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