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Author: John Lande
Publisher: American Bar Association
Published: 2015
Total Pages: 343
ISBN-13: 9781627229784
DOWNLOAD EBOOK →This book discusses how you can be more successful using Planned Early Negotiations. The strategies in this book can help you become a more effective negotiator. This book is not only about negotiation--it outlines a general approach to practicing law.
Author: John Lande
Publisher:
Published: 2015
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOK →Based on interviews with excellent lawyers about how they handle their cases, this article summarizes planned early negotiation (PEN) procedures. Lawyering with PEN really is just good lawyering. Many lawyers do it routinely, though not as consciously, systematically, and efficiently as they might. Collaborative law and cooperative law are forms of PEN involving agreements between both sides to negotiate. But lawyers (in consultation with their clients) can use a PEN approach unilaterally without such agreements. If lawyers can work efficiently and cooperatively, they can encourage the other side to cooperate while retaining the option to litigate vigorously if needed. A systematic PEN process begins with an early assessment of the case including (1) the goals and interests of the parties and lawyers, (2) the critical facts, (3) the likely court outcome, and (4) possible agreements that might satisfy both parties. This process involves planning to negotiate at the earliest appropriate time. Counterpart lawyers take affirmative steps to develop a good working relationship from the outset of the case as this can produce many benefits and avoid many problems. Counterpart lawyers plan the logistics of negotiation including such things as the communication process (e.g., in person, by email, or phone), decisions about whether parties would attend negotiation sessions, arrangements for necessary information to be available, and setting an agenda. Lawyers listen well and essentially act as mediators between their clients and the other side though they obviously always remain committed to advancing their own clients' interests. Part of good listening involves a respectful demonstration of one's understanding. This can prompt the other side to feel “heard” and take reasonable positions in negotiation. It can also lead to “creating value” by figuring out what each party values and trading things that one party values more than the other. PEN can increase lawyers' professional satisfaction, generate additional referrals, relieve stress from legal practice, and generate more income. Although making more money through PEN may seem paradoxical, the process is likely to increase client satisfaction and willingness to pay legal fees, thus reducing the amount of lawyers' unpaid work, as well as generating additional business.
Author: Barney Jordaan
Publisher: Elgar Guides to Professional Skills for Lawyers
Published: 2022-06-16
Total Pages: 480
ISBN-13: 9781803920764
DOWNLOAD EBOOK →Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer's guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers. Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.
Author: Jay Folberg
Publisher: Aspen Publishing
Published: 2021-09-14
Total Pages: 306
ISBN-13: 1543846521
DOWNLOAD EBOOK →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
Author: Michaela Keet
Publisher:
Published: 2020
Total Pages: 240
ISBN-13: 9781641055703
DOWNLOAD EBOOK →"The main premise of this book is that lawyers and mediators should help parties make decisions in litigation by combining an assessment of likely court outcomes with a careful consideration of how their interests are likely to be affected if they (continue to) engage in litigation"--
Author: Robert H. Mnookin
Publisher: Harvard University Press
Published: 2004-04-15
Total Pages: 369
ISBN-13: 0674504100
DOWNLOAD EBOOK →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.
Author: Julie Macfarlane
Publisher: UBC Press
Published: 2008-05-20
Total Pages: 304
ISBN-13: 0774858192
DOWNLOAD EBOOK →Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Author: Xavier M. Frascogna
Publisher: American Bar Association
Published: 2009
Total Pages: 260
ISBN-13: 9781604425789
DOWNLOAD EBOOK →Chronicles the efforts of the men and women who dedicated their lives to protecting the United States' natural heritage and includes step-by-step instructions on how to build a birdfeeder, conduct a water quality survey, start a compost pile and more. Original.
Author: Andrea Kupfer Schneider
Publisher: American Bar Association
Published: 2019
Total Pages: 0
ISBN-13: 9781641054805
DOWNLOAD EBOOK →This practical, easy-to-use guide is designed to help you figure out quickly what went wrong in yesterday's meetings, and how to fix it in tomorrow's follow-up. Each chapter starts with a brief introduction, followed by a standard section, Why This Concept Might Change Your Thinking. There, the author explains succinctly why their body of work might be useful specifically for lawyers. After that, each chapter has a section called Action Plan--What You Can Do Differently Tomorrow in which each author outlines specific steps you can take in your next negotiation. No other book comes close to this level of help for a lawyer facing a typical or even downright strange negotiating problem. This guide contains everything you need to know about negotiating in one compact volume.
