Legal Negotiation and Settlement


Book Description

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.







The Science of Settlement


Book Description







Effective Legal Negotiation and Settlement


Book Description

This book provides readers with a thorough understanding of the psychological, sociological, & communicational factors that meaningfully influence the negotiation process. The author explains the various negotiation stages, & discusses the different bargaining techniques that practitioners are likely to encounter. \ Teacher's Manual available.\




Settlement Negotiation Techniques in Family Law


Book Description

Negotiation is a critical part of any family lawyer s job, meaning that the importance of becoming a better negotiator cannot be overstated. Settlement Negotiation Techniques in Family Law discusses the most important concepts of divorce settlement negotiation techniques to help lawyers and other divorce professionals improve their skills. Well written and logically organized, it offers reasoned and tested approaches that help practitioners understand the many aspects of negotiation, and through this process assist their clients in getting to yes and the opportunity for a better future. This invaluable, clearly written resource is based on the realities of daily legal practice. Beginning with traditional theories and basic concepts of negotiation, the book examines the nuts-and-bolts issues involved in divorce negotiation and settlement. From issues of timing to how to prepare the client for settlement and negotiating with opposing counsel, Gregg Herman offers informed and thoughtful advice based on his years of practice. He also addresses more specialized aspects of divorce negotiation, including: the four-way meeting; planned early negotiation; mediation, collaborative divorce, and cooperative divorce; ethical issues; preparing for the endgame; ten essential rules for negotiating; and much more."




Effective Legal Negotiation and Settlement


Book Description

"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"--




Negotiation and Settlement Advocacy


Book Description

This collection of negotiation materials represents what the authors consider the most instructive and provocative writings in the field. Includes interesting case studies and intriguing treatments of peripheral topics. Each chapter is introduced by a short conceptual orientation. Organized to reflect over a decade of experience teaching in several law schools, and providing negotiation training for law firms, businesses, bar associations, and government officials. The organizational format has proved resilient across cultures, in work conducted for political, academic, social, and business leaders throughout Central Europe, the former Soviet Union, Asia, and India. For use as a foundation to build a supplemental collection.







Legal Negotiation in a Nutshell


Book Description

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.