Beyond Winning: Negotiating to Create Value in Deals and Disputes

Mnookin, Robert H.; Peppet, Scott R.; Tulumello, Andrew S.

ISBN 10: 0674012313 / ISBN 13: 9780674012318

Editore: Belknap Press: An Imprint of Harvard University Press, 2004

Book is in Used-Acceptable condition. Used items may not include supplementary materials such as CDs or access codes. Pages and cover may have wear, tears, and stickers. Pages are may contain notes and highlighting. Codice articolo 0674012313-2-5

Riassunto:

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.

In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.

Recensione: "The practice of law has become more contentious and competitive, not less. The authors of [Beyond Winning]... advocate that parties [instead] practice 'value creation' (i.e., the attempt to 'enlarge the pie') so that both parties to a negotiation receive bigger returns... The book does an excellent job of breaking down relationships, players, tensions and organizations to lay bare the inner-workings of the actors in a negotiation and the situations they create." - William J. Estes, New York Law Journal; "On the cutting edge of negotiation literature, Beyond Winning is a spectacular integration of our contemporary understanding of negotiation, modern social science, and the legal context. This is an excellent book and is sure to become a must-read for lawyers, law students, and executives who deal with the legal process on a regular basis." - Max Bazerman," --Harvard Business School

Dati bibliografici

Titolo: Beyond Winning: Negotiating to Create Value ...
Casa editrice: Belknap Press: An Imprint of Harvard University Press
Data di pubblicazione: 2004
Legatura: Brossura
Condizione: Fair