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Beyond Winning Negotiating to Create Value in Deals and Disputes

ISBN-10: 0674012313
ISBN-13: 9780674012318
Edition: 2000
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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  More...

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Book details

List price: $29.50
Copyright year: 2000
Publisher: Harvard University Press
Publication date: 4/15/2004
Binding: Paperback
Pages: 368
Size: 5.75" wide x 9.00" long x 1.00" tall
Weight: 1.210
Language: English

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.

Scott Peppet is Associate Professor, University of Colorado School of Law.

Andrew S. Tulumello is an attorney in private practice.

Preface
Introduction
The Dynamics of Negotiation
The Tension between Creating and Distributing Value
The Tension between Empathy and Assertiveness
The Tension between Principals and Agents
Why Lawyers?
The Challenges of Dispute Resolution
The Challenges of Deal-Making
Psychological and Cultural Barriers
A Problem-Solving Approach
Behind the Table
Across the Table
Advice for Resolving Disputes
Advice for Making Deals
Special Issues
Professional and Ethical Dilemmas
Organizations and Multiple Parties
Conclusion
Notes
Index

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