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.










United States Attorneys' Manual


Book Description




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Negotiation Skills for the Claims Professional


Book Description

Negotiation Skills for the Claims Professional is a straight forward, real-life approach to negotiations from the perspective of the claims professional.Short on complicated theory, and heavy on real-life situations, this book highlights many simple yet powerful approaches to the task of negotiating with customers and even attorneys.A series of Claims Negotiation Maxims, developed by Carl Van, are outlined and explained throughout the book.The authors continually remind the reader that claims is a customer service business, and the best claims negotiators treat people with respect and concern.With their combined real-life experience of over 75 years in the insurance business, the authors have the credibility necessary to guide even the most experienced claims professional to a better understanding of the negotiation process.




Practical Negotiating


Book Description

Praise for Practical Negotiating: Tools, Tactics & Techniques "Practical Negotiating is an innovative, resourceful, and-as its name implies-practical guide to the art and science of negotiating. Unlike many books on negotiating, which are filled with theories and anecdotes, this one is rich with examples, tactics, and tips, which makes it the indispensable book when you are going into any negotiation." —Terry R. Bacon, President, Lore International Institute and author of What People Want: A Manager's Guide to Building Relationships That Work "There is something in this book for the most experienced negotiator and the novice. Gosselin's no-nonsense prescriptions and recommendations will hit home and give you new ideas for the most difficult of negotiating situations. Anyone in the business world will want this great bible of?effective negotiating right near their desk and phone!" —Dr. Beverly Kaye, CEO and founder, Career Systems International and coauthor of Love' Em or Lose'Em: Getting Good People to Stay "Gosselin has written a thoughtful, engaging, and practical guide on a topic of increasing importance to leaders and organizations. There is something here for anyone who wants to learn how to deal more effectively with the inevitable conflicts that occur in working with clients, customers, and colleagues." —Peter Cairo, PhD, Partner, Mercer Delta Consulting and coauthor of Why CEOs Fail: The 17 Behaviors That Can Derail Your Climb to the Top and How to Manage Them "Forget the image of negotiation being a battlefield.?Gosselin guides you in the development of a road map so both sides become winners and leave the table victorious. His writing is just like his training-clear, concise, and practical. You can apply the process immediately. A handbook for life, it's practical, thoughtful, and insightful." —Steven Myers, Manager, Lighting Education and Sales Training, Philips Lighting Company "Skip the workshops and buy Practical Negotiating. After field-testing the content through decades of experience, Gosselin has packed this useful book with processes that work and great questions and worksheets that force the material to become real and personal. Practical Negotiating will change your thinking about negotiating, and more importantly, will change your behavior. Highly recommended." —Steve Hopkins, Publisher, Executive Times "Gosselin is a most articulate and engaging businessman, and this, coupled with a keen intellect and sharp observation of behavior (and a great sense of humor!) make this a must-read. His deep understanding of effective models of negotiation and their practical application make him one of the leaders in this field." —Keith G. Slater, former director of International Development, Ingersoll Rand "This book is aptly titled as it provides the practical 'how to' for planning and executing effective negotiations. It's rich with examples, exercises, and reusable tools." —Dr. Rita Smith, Dean, Ingersoll Rand University




Negotiating Tribal Water Rights


Book Description

Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rightsÑrights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for allÑtribal councils, legislators, water professionals, attorneysÑwho need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.




Getting to Yes


Book Description

Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.