Beyond Winning: Negotiating to Create Value in Deals and Disputes
Harvard University Press, 2000 - Law - 354 pages
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 battleŚclients 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.
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LibraryThing ReviewUser Review - LibraryThing
Along with Difficult Conversations and Getting to Yes this is one of three texts, plus handouts, used at a Negotiation course at Harvard Law taken by students all over the university--and by people from all over the world. At the end of the course, the students spontaneously rose to give the teachers a standing ovation. It's a very popular and valuable course--and this book deals with some of the techniques at the heart of it. A lot of the principles discussed here is not just for lawyers or diplomats or labor leaders. It applies to any of those kinds of situations where you have to make a deal, get something from someone without getting taken. That might mean negotiating a raise, coming to a price, resolving a dispute with a neighbor. It talks about such techniques and strategies as focusing on interests, inventing options--and knowing your BATNA. (Best Alternative to a Negotiated Agreement. In other words, know when and at what point to walk away rather than let yourself get pressured into something you can't live with.) It shares that common ground with Getting to Yes. That book though is more geared towards the general reader. Beyond Winning is longer, more technical, and much more geared to the lawyer.
Review: Beyond Winning: Negotiating to Create Value in Deals and DisputesUser Review - Goodreads
Good theoretical analysis explained through clear examples. Helpful practical advice for changing the way you approach negotiation and becoming a more effective negotiator. Contains sections targeted ...
The Dynamics of Negotiation
The Tension between Creating and Distributing Value
The Tension between Empathy and Assertiveness
The Tension between Principals and Agents
The Challenges of Dispute Resolution
The Challenges of DealMaking
Across the Table
Advice for Resolving Disputes
Advice for Making Deals
Professional and Ethical Dilemmas
Organizations and Multiple Parties