Beyond Winning: Negotiating to Create Value in Deals and Disputes

Front Cover
Harvard University Press, 2000 - Law - 354 pages
3 Reviews

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 Review

User Review  - LisaMaria_C - 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 ... Read full review

LibraryThing Review

User Review  - wfzimmerman - LibraryThing

I have a lot of books about negotiation, but, oddly enough, I'm not that great of a negotiator, nor do I especially enjoy it. I don't have a sanguinary temperament ... but I did fully master the ... Read full review

Contents

Introduction
1
The Dynamics of Negotiation
9
The Tension between Creating and Distributing Value
11
The Tension between Empathy and Assertiveness
44
The Tension between Principals and Agents
69
Why Lawyers?
93
The Challenges of Dispute Resolution
97
The Challenges of DealMaking
127
Across the Table
204
Advice for Resolving Disputes
224
Advice for Making Deals
249
Special Issues
273
Professional and Ethical Dilemmas
274
Organizations and Multiple Parties
295
Conclusion
315
Notes
325

Psychological and Cultural Barriers
156
A ProblemSolving Approach
173
Behind the Table
178

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About the author (2000)

Andrew S. Tulumello is an attorney in private practice.

Bibliographic information