Regular price €34.99
Title
A01=Andrew S. Tulumello
A01=Robert H. Mnookin
A01=Scott R. Peppet
agreement
assertiveness
Author_Andrew S. Tulumello
Author_Robert H. Mnookin
Author_Scott R. Peppet
batna
Category=LNAC5
competition
compromise
conflict management skills
distributive negotiation
empathy
eq_isMigrated=1
eq_nobargain
exchange information
housing
how negotiate effectively
insurance company
lawsuit
litigation
persuade
principal-agent
rent
reservation value
strategy
win argument

Product details

  • ISBN 9780674012318
  • Weight: 476g
  • Dimensions: 156 x 235mm
  • Publication Date: 15 Apr 2004
  • Publisher: Harvard University Press
  • Publication City/Country: US
  • Product Form: Paperback
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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.

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.