Legal Negotiation and Settlement

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Author :
Publisher : West Academic Publishing
ISBN 13 : 9780314680938
Total Pages : 0 pages
Book Rating : 4.6/5 (89 download)

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Book Synopsis Legal Negotiation and Settlement by : Gerald R. Williams

Download or read book Legal Negotiation and Settlement written by Gerald R. Williams and published by West Academic Publishing. This book was released on 1983 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is written primarily for law students who are learning negotiating skills in clinical courses, but it will serve equally well for lawyers and others who are interested in the topic of negotiation. The book has three main areas of emphasis. First, negotiating behavior of practicing lawyers fall into two main patterns-?cooperative? and ?aggressive?-and implications of those patterns is discussed. The author then covers the four stages of the negotiation process, and lastly lays out the legal rules and economic principles that apply to the negotiated settlement of disputes. The Appendices include transcripts to two lawyer-to-lawyer negotiations.

Legal Counseling, Negotiating, and Mediating

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Author :
Publisher : LexisNexis
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Counseling, Negotiating, and Mediating by : G. Nicholas Herman

Download or read book Legal Counseling, Negotiating, and Mediating written by G. Nicholas Herman and published by LexisNexis. This book was released on 2009 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive descriptive and prescriptive treatment of legal counseling, interviewing, and negotiation (including mediation and plea-bargaining). As reflected in the title, the book takes "a practical approach" to these skills, so students can learn specifically how to engage in effective counseling and negotiating. The book also emphasizes pertinent ethical and legal considerations in connection with counseling clients and negotiating settlements. The authors discuss leading "theoretical approaches" to the extent those approaches can be meaningfully applied in practice. The overall effect is to emphasize that blend of theory, practice, ethics, and law that is most meaningful in the sense of having real-life application to effective client representation. The Appendices to the book provide numerous negotiation and mediation, including plea-bargaining, role-plays. Interviewing and counseling role-plays are provided in a separate Teacher's Manual (available only to professors), which also includes the "confidential instructions" for the negotiation, mediation, and plea bargaining role-plays. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Lawyer Negotiation

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Publisher : Aspen Publishing
ISBN 13 : 1543846521
Total Pages : 306 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Lawyer Negotiation by : Jay Folberg

Download or read book Lawyer Negotiation written by Jay Folberg and published by Aspen Publishing. This book was released on 2021-09-14 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, and lively text for any law school Negotiation course, this book reflects the authors’ experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included. New to the Fourth Edition: Fresh material and perspective benefiting from a new co-author Each chapter has been updated with new insights and examples More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques Streamlined presentation of outside excerpts Greater coverage of distance negotiation, including email and remote contexts Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning Professors and student will benefit from: Step-by-step organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients as negotiators Practice-based approach which helps students apply the concepts Exercises and accompanying role-plays that facilitate classroom discussion Assessment tools to aid in student learning and understanding Videos that show experienced lawyers, negotiators, and mediators performing role plays

Getting to Yes

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Author :
Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780395631249
Total Pages : 242 pages
Book Rating : 4.6/5 (312 download)

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Book Synopsis Getting to Yes by : Roger Fisher

Download or read book Getting to Yes written by Roger Fisher and published by Houghton Mifflin Harcourt. This book was released on 1991 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

Negotiating the Law of the Sea

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674606869
Total Pages : 276 pages
Book Rating : 4.6/5 (68 download)

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Book Synopsis Negotiating the Law of the Sea by : James K. Sebenius

Download or read book Negotiating the Law of the Sea written by James K. Sebenius and published by Harvard University Press. This book was released on 1984 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

Skills & Values

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Publisher :
ISBN 13 : 9780769852782
Total Pages : 0 pages
Book Rating : 4.8/5 (527 download)

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Book Synopsis Skills & Values by : Charles B. Craver

Download or read book Skills & Values written by Charles B. Craver and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Skills & Values: Legal Negotiating is one of the first titles in the new Skills & Values Series and is now in its second edition. The books in this new series are designed to enable professors to assign supplementary practice-oriented material to enrich their students' traditional study. Each book in the series includes robust online content that is delivered through Web Courses. The content for the Teacher's Manual is also posted to the supporting Web Course. The online components of these books add an exciting dimension because they are designed to teach the current media-saturated generation of students in ways that are more effective for them. Skills & Values: Legal Negotiating is designed to demonstrate how individuals actually negotiate. Coverage addresses: Different stages of the negotiation process; The various negotiation techniques students are likely to encounter in practice; Impact of negotiator styles on bargaining interactions; Importance of nonverbal communication; Ways in which gender-based stereotypes may affect bargaining encounters; The unique aspects of telephone and e-mail interactions; International business and human rights negotiations; Multi-party interactions; Ethical issues negotiators are likely to encounter; and Mediation. It thus makes it easy for negotiation students to comprehend how bargaining interactions develop and to appreciate the different factors that affect those encounters. The materials are designed to allow students to self-assess, thus enhancing the learning experience while allowing professors maximum flexibility to choose the level of their own engagement.

Skills & Values

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Publisher :
ISBN 13 : 9781531017811
Total Pages : 268 pages
Book Rating : 4.0/5 (178 download)

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Book Synopsis Skills & Values by : Charles B. Craver

Download or read book Skills & Values written by Charles B. Craver and published by . This book was released on 2020 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores one of the most basic skills employed by lawyers on a regular basis. They negotiate with their colleagues, clients, and on behalf of clients with other parties. It is a book that can be used as the primary text in a Negotiations class or as one of several books. It explores the six distinct stages of bargaining interactions, and various negotiating tactics attorneys might use. It covers various psychological factors likely to influence bargaining interactions, plus the possible impact of ethnicity and gender on such endeavors. It has separate chapters covering plea bargaining, transnational interactions, human rights negotiations, and multi-party dealings. It also covers important ethical issues negotiators are likely to encounter. Negotiating exercises are included at the end of chapters to demonstrate the specific areas covered in those chapters"--

Legal Negotiation in a Nutshell

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Author :
Publisher : Thomson Publishing Group
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Negotiation in a Nutshell by : Larry L. Teply

Download or read book Legal Negotiation in a Nutshell written by Larry L. Teply and published by Thomson Publishing Group. This book was released on 1992 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing Clients in Legal Negotiations; Obligation of Competent Representation. Basic Types of Legal Negotiation; Basic Elements of Case Value; Case Evaluation Methods; Goals; Interests; Target Points; Minimum Dispositions; Best Alternative to a Negotiated Agreement; Settlement Offers and Discussions as Evidence at Trial; Procedural Rules Affecting Offers of Compromise; Effect of Negotiations on the Statute of Limitations; Legal Disputes that Should Not Be Negotiated; Legal Negotiating Styles; Legal Negotiating Strategies; Stages of Legal Negotiation; Interplay Between the Litigation Process and the Stages of Negotiation; Environmental Considerations; Ground Rules; Communication and Information Exchange; Truth in Legal Negotiations; Intimidation; Face Saving; Threats and Promises; Conflict Escalation and Entrapment; Narrowing the Differences; Reaching Agreement; Defects in Settlements; Fairness in Negotiating Results.

Legal Negotiating

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Author :
Publisher : West Academic Publishing
ISBN 13 : 9780314066060
Total Pages : 227 pages
Book Rating : 4.0/5 (66 download)

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Book Synopsis Legal Negotiating by : Gerald R. Williams

Download or read book Legal Negotiating written by Gerald R. Williams and published by West Academic Publishing. This book was released on 2007 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an excellent book for law students learning negotiation skills in clinical courses and for practicing attorneys who want to enhance their negotiation proficiency. The book explores the three basic negotiator styles: (1) the "win-lose" Competitive/ Adversarial Style; (2) the "win-win" Cooperative/Problem-Solving Style; and (3) the "WIN-win" Competitive/Problem-Solving Style. It then describes the five stages of the negotiation process and discusses what negotiators should be doing in each. It describes psychological factors that influence bargaining interactions, and covers the legal rules and economic principles that apply to settlement negotiations. The book finally explores the impact of abstract reasoning skills, emotional intelligence, and negotiator gender and race on bargaining interactions. The Appendices include transcripts from four lawyer-to-lawyer negotiations.

Effective Legal Negotiation and Settlement

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Author :
Publisher :
ISBN 13 : 9781531017798
Total Pages : 576 pages
Book Rating : 4.0/5 (177 download)

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Book Synopsis Effective Legal Negotiation and Settlement by : Charles B. Craver

Download or read book Effective Legal Negotiation and Settlement written by Charles B. Craver and published by . This book was released on 2020 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book thoroughly explores one of the most basic skills employed by lawyers on a regular basis. They negotiate with their own colleagues, with their own clients, and on behalf of clients with other parties. Most attorneys have had minimal training with respect to this critical area. This book is designed to demonstrate how structured bargaining interactions are. It explores different negotiator styles, verbal and nonverbal communication, the six distinct stages of bargaining interactions, and various negotiating tactics. It describes various issues negotiators should be familiar with, plus the possible impact of ethnicity and gender issues on individuals negotiating with others. Transnational negotiations are covered, as are mediation concepts. Various ethical issues relevant to bargaining interactions are also included. A number of different negotiation exercises are included in the Teacher's Manual, which can be employed to demonstrate the different concepts explored in the book"--

Legal Negotiation

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Negotiation by : Donald G. Gifford

Download or read book Legal Negotiation written by Donald G. Gifford and published by West Academic Publishing. This book was released on 1989 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides for the first time a single text that describes competitive negotiation tactics and more collaborative approaches, such as problemsolving and cooperative tactics most likely to be effective in a given situation. For the professor teaching a Negotiation or Dispute Resolution course. Teaches law students practical techniques needed to negotiate more effectively. Sample dialogue illustrates specific negotiation tactics. The research of social scientists is discussed when their findings and theoretical models are directly relevant to the negotiating lawyer. Mediation, arbitration and other alternative dispute resolution techniques are described in a separate chapter that analyzes their impact on negotiation.

Negotiating on Behalf of Others

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Author :
Publisher : SAGE Publications
ISBN 13 : 1452221340
Total Pages : 345 pages
Book Rating : 4.4/5 (522 download)

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Book Synopsis Negotiating on Behalf of Others by : Robert H. Mnookin

Download or read book Negotiating on Behalf of Others written by Robert H. Mnookin and published by SAGE Publications. This book was released on 1999-10-11 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiating on Behalf of Others offers a framework for understanding the complexity and effects of negotiating on behalf of others and explores how current negotiation theory can be modified to account for negotiation agents. Negotiation agents are broadly defined to include legislators, diplomats, salespersons, sports agents, attorneys, and committee chairs—anyone who represents others in a negotiation. Five major negotiation arenas are examined in depth: labor-management relations, international diplomacy, sports agents, legislative process, and agency law. The book concludes with suggestions for future research and specific advice for practitioners. Chapter authors and commentators are leading figures in the field of negotiation. Negotiating on Behalf of Others is a must read for professional negotiators, graduate students, and scholars in the areas of business, public policy, law, international relations, sports, and economics. Negotiating on Behalf of Others is the result of the first of a series of seminars conducted by the faculty of the Program on Negotiation at Harvard on "complicating factors" in negotiations. The first of these complicating factors selected for study was the effect of the presence of an agent on the negotiating process.

Negotiating Crime

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Publisher :
ISBN 13 : 9781531000448
Total Pages : 507 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Negotiating Crime by : Cynthia Alkon

Download or read book Negotiating Crime written by Cynthia Alkon and published by . This book was released on 2019 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the first textbook of its kind that covers all of the processes through which criminal cases are resolved in the United States beyond trials. Negotiating Crime brings together criminal procedure, current policy debates, and dispute resolution concepts to examine the practice of criminal law in the 21st century. The first half of the book is devoted to plea bargaining, first covering the basic caselaw, practice, policy concerns, and reform proposals. In addition, this section explains negotiation theory and applies it to the practice of plea bargaining. The second half of the book covers problem solving and therapeutic justice courts, including drug courts and mental health courts; restorative justice; and juvenile justice"--

Negotiating State and Non-State Law

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Publisher : Cambridge University Press
ISBN 13 : 1107083761
Total Pages : 363 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Negotiating State and Non-State Law by : Michael A. Helfand

Download or read book Negotiating State and Non-State Law written by Michael A. Helfand and published by Cambridge University Press. This book was released on 2015-07-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Hinshaw, Carrel, Riskin, Guthrie, Reuben, Robbennolt, and Welsh's Negotiation and Lawyers

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Author :
Publisher : West Academic Publishing
ISBN 13 : 9781647083403
Total Pages : 180 pages
Book Rating : 4.0/5 (834 download)

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Book Synopsis Hinshaw, Carrel, Riskin, Guthrie, Reuben, Robbennolt, and Welsh's Negotiation and Lawyers by : Art Hinshaw

Download or read book Hinshaw, Carrel, Riskin, Guthrie, Reuben, Robbennolt, and Welsh's Negotiation and Lawyers written by Art Hinshaw and published by West Academic Publishing. This book was released on 2021-04-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!

Beyond Winning

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Publisher : Harvard University Press
ISBN 13 : 0674504100
Total Pages : 369 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis Beyond Winning by : Robert H. Mnookin

Download or read book Beyond Winning written by Robert H. Mnookin and published by Harvard University Press. This book was released on 2004-04-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Contract Negotiation Handbook

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Author :
Publisher : Lulu.com
ISBN 13 : 1435706390
Total Pages : 212 pages
Book Rating : 4.4/5 (357 download)

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Book Synopsis The Contract Negotiation Handbook by : Stephen Guth

Download or read book The Contract Negotiation Handbook written by Stephen Guth and published by Lulu.com. This book was released on 2007-12-20 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.