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Negotiation: Things Corporate Counsel Need to Know but Were Not Taught


ISBN13: 9789041167347
Published: March 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £32.00



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Negotiation: Things Corporate Counsel Need to Know but Were Not Taught focuses on the negotiation of better deals and settlements from an in-house lawyer's perspective. General Electric’s Michael McIlwrath has contributed the Foreword.

Corporate lawyers are rarely trained to negotiate, even though they are frequently required to achieve the earliest and least costly outcomes to deals and disputes. Increasingly, lawyers are expected to lead negotiations.

This incomparable book, the only negotiation book specifically written for corporate counsel, provides tools and techniques to broaden the options for mutual gain beyond the narrow issues most commonly focused on in deal making and dispute resolution and inspires ideas on how to meet top management expectations, to acquire internal authority and to exert control over the process and outcome.

What’s in this book:-

The author, a career-long in-house corporate lawyer, covers analysis, preparation, negotiation and closure of deals and dispute settlements to optimize the most desirable outcomes. The book includes detailed, practical treatment of the following and more:

  • exerting strategic influence on the course of a deal or settlement;
  • presenting the Law function as a value generator rather than a cost centre;
  • achieving an outcome-oriented mindset;
  • getting the other side of the table in the right frame of mind;
  • selecting the best and the most appropriate advisers and facilitators;
  • handling emotions productively;
  • managing your own fears and the other party's;
  • understanding how neurobiology and culture impact on negotiating;
  • deploying dispute avoidance strategies;
  • steering unavoidable disputes to the best possible outcomes;
  • maintaining confidentiality and ethics during negotiation;
  • improving negotiation using technology;
  • using emotional and social intelligence in negotiating deals and settlements; and
  • knowing where to find more information on different aspects of negotiation.

How this will help you:-

The goal of this book is to inspire, by drawing on the ideas of the leading thinkers in the negotiation field around the world, plus the author's thoughts and examples and practice tools. This enormously helpful book offers proven methods and invaluable insight on successful negotiation processes for both in-house counsel and business lawyers in private practice, as well as business managers and dispute resolvers such as mediators and arbitrators.

Subjects:
Legal Skills and Method, Arbitration and Alternative Dispute Resolution
Contents:
About the Author
Foreword
Preface
Abbreviations
Acknowledgments
Chapter 1 Expectations
Chapter 2 Preparation
Chapter 3 Neuroscience
Chapter 4 Culture
Chapter 5 Leverage
Chapter 6 Communicating
Chapter 7 Process
Chapter 8 Disputes
Chapter 9 Ethics
Chapter 10 Techniques
Tomorrow
End Notes
Bibliography
Appendix 1 IMI Olé! Case Analysis and Evaluation Tool
Appendix 2 CPR Corporate Early Case Assessment Toolkit
Appendix 3 Article: Dealing With ‘Selective Perception’ and Bad-Faith Allegations in Commercial Settlement Discussions
Appendix 4 Article: Culture and its Importance in Mediation
Appendix 5 Singapore Arb-Med-Arb Clause and Protocol
Appendix 6 Mediation Suitability Scan
Appendix 7 Sample Roleplay
Index