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The Negotiation Process
Preparation and Planning
12 other sections not shown
accept adversary system adverse agreement or settlement alternative American Bar Association appropriate asserted assessment attorney attorney's authority avoid bargaining claims client client's interests Code of Professional concessions conflict consider contract cooperative counsel counteroffer court creative damages deadlock defendant determine disclose disclosure dispute effective Effective Listening employ ethical evaluate evidence explain factors facts Getting to Yes influence initial involved issues judgment jury lawyer lease Legal Negotiations litigation matter ment Model Code Model Rules mutual negotiation approaches negotiation discussions negotiation process offer or demand offers and demands parol evidence rule parties payments perceive perceptions perjury permit personal injury plaintiff posi position problem profes Professional Conduct proposal question reach an accord reactions reasons relationship represent representation reproduced at Appendix require resolve result reveal Rules of Professional settle side side's specific strategies structured settlement Survey tactics techniques threat tion tive trial