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Vol 23 No 6 June/July 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Data protection handbook

Beyond Winning: Negotiating to Create Value in Deals and Disputes

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ISBN13: 9780674012318
ISBN: 0674012313
Published: April 2004
Publisher: Belknap Press
Country of Publication: USA
Format: Paperback
Price: £21.95
Hardback edition out of print, ISBN13 9780674003354

In stock.

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.

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Arbitration and Dispute Resolution
I. The Dynamics of Negotiation
1. The Tension between Creating and Distributing Value
2. The Tension between Empathy and Assertiveness
3. The Tension between Principals and Agents

II. Why Lawyers?
4. The Challenges of Dispute Resolution
5. The Challenges of Deal-Making
6. Psychological and Cultural Barriers

III. A Problem-Solving Approach
7. Behind the Table
8. Across the Table
9. Advice for Resolving Disputes
10. Advice for Making Deals

IV. Special Issues
11. Professional and Ethical Dilemmas
12. Organizations and Multiple Parties