Subjects:

Legal Manuals

Contents:

1. Introduction to negotiation

2. The essentials of negotiation

3. Style, strategy and tactics

4. Legal negotiations

5. Preparation and planning an overview

6. Understanding the context

7. Analysis objectives

8. Persuasion - the role of argument

9. Analysis formulating arguments

10. Information exchange

11. Preparation concessions

12. Planning your strategy

13. Planning the structure

14. Considering possible tactics

15. Communicating effectively

16. Conducting an effective negotiation

17. Dealing with difficulties

18. Recording and enforcing a negotiated agreement

19. Assessing negotiation skills

20. How ADR is changing the role and skills of lawyers

Appendix: Case studies

Suggested reading

Negotiation deals comprehensively with the challenging task of becoming a successful legal negotiator. Every lawyer must gain the skills necessary to master the art of negotiation, and so this manual takes the student through a step-by-step guide on how to prepare and conduct a negotiation. It provides clear explanations of strategies and tactics as well as accounts of the psychological and behavioural influences that can affect the outcome of a negotiation.

Each stage of the negotiation process is dealt with in detail so the student can approach it with confidence. The pre-negotiation preparation, from identifying the context and parties' objectives to planning, formulating and evaluating an argument, is dealt with first. This is followed by an examination of best practice when dealing with information exchange, concessions, and decisions on an appropriate strategy, providing thorough preparation for situations that are common to professional life.

Negotiation includes an account of the possible risks and difficulties likely to be encountered in a negotiation, and the student is given tips on contingency planning and common mistakes. Case studies are also used to demonstrate techniques and to allow students to test their knowledge.