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.

Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.

This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

At last, here is a book that shows women how to recognize the Shadow Negotiation -- in which the unspoken attitudes, hidden assumptions, and conflicting agendas that drive the bargaining process play out -- and how to use that knowledge to their advantage. Each time people bargain over issues -- a promotion, a contract with a new client, a bigger role in decision-making -- a parallel negotiation unfolds beneath the surface of the "formal" discussion. Bargainers constantly maneuver to determine whose interests and needs will hold sway, whose opinions will matter, and how cooperative each person will be in reaching an agreement. How the issues are resolved hangs on the actions people take in the shadow negotiation, yet it is in this shadow negotiation that women most often run into trouble. The most productive negotiations take place when strong advocates can connect with each other. Good results depend equally on a bargainer's positioning her ideas for a fair hearing and on being open to the other side's point of view. But traditionally women have not fared well on either front. Often, they let negotiable moments slip by and take the first "no" as a final answer, or their efforts to be responsive to the other side's position are interpreted as accommodation. As a result, women can come away from negotiations with fewer dollars, perks, plum assignments, or less say in decision-making than men. To negotiate effectively, women must pay attention to acts of self-sabotage as well as to the moves others make in the shadow negotiation. By bargaining more strategically, women can establish the terms of their advocacy, their voice, and at the same time encourage the open communication essential to a collaborative discussion in which not only acceptable, but creative, agreements can be worked out. Written by Deborah M. Kolb and Judith Williams, two authorities in the field, The Shadow Negotiation shows women a whole new way to think about the negotiation process. Kolb and Williams identify the common stumbling blocks that women encounter and present a game plan for turning their particular strengths to their advantage. Based on extensive interviews with hundreds of business-women, The Shadow Negotiation provides women with a clear, insightful guide to the hidden machinations that are at work in every bargaining situation.

Publication of the Handbook of Group Decision and Negotiation marks a milestone in the evolution of the group decision and negotiation (GDN) eld. On this occasion, editors Colin Eden and Marc Kilgour asked me to write a brief history of the eld to provide background and context for the volume. They said that I am in a good position to do so: Actively involved in creating the GDN Section and serving as its chair; founding and leading the GDN journal, Group Decision and Negotiation as editor-in-chief, and the book series, “Advances in Group Decision and Negotiation” as editor; and serving as general chair of the GDN annual meetings. I accepted their invitation to write a brief history. In 1989 what is now the Institute for Operations Research and the Management Sciences (INFORMS) established its Section on Group Decision and Negotiation. The journal Group Decision and Negotiation was founded in 1992, published by Springer in cooperation with INFORMS and the GDN Section. In 2003, as an ext- sion of the journal, the Springer book series, “Advances in Group Decision and Negotiation” was inaugurated.

This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes. During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences. His primary goal is to help parties avoid unnecessary conflict - a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal - and in so doing persuade the other side to reach an amicable settlement - the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration. During each of these stages, the theme is for the parties to continually seek ways to resolve their differences. The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal - and encourage the parties to find sensible solutions.

The volume offers an assessment of the interactions between diplomatic and judicial means of settling international disputes in selected areas: territorial questions, international criminal law, international trade law, investment arbitration and human rights. It includes contributions from some of the world's leading academics and practitioners.