This work is written primarily for law students who are learning negotiating skills in clinical courses, but it will serve equally well for lawyers and others who are interested in the topic of negotiation. The book has three main areas of emphasis. First, negotiating behavior of practicing lawyers fall into two main patterns-?cooperative? and ?aggressive?-and implications of those patterns is discussed. The author then covers the four stages of the negotiation process, and lastly lays out the legal rules and economic principles that apply to the negotiated settlement of disputes. The Appendices include transcripts to two lawyer-to-lawyer negotiations.

This collection of negotiation materials represents what the authors consider the most instructive and provocative writings in the field. Includes interesting case studies and intriguing treatments of peripheral topics. Each chapter is introduced by a short conceptual orientation. Organized to reflect over a decade of experience teaching in several law schools, and providing negotiation training for law firms, businesses, bar associations, and government officials. The organizational format has proved resilient across cultures, in work conducted for political, academic, social, and business leaders throughout Central Europe, the former Soviet Union, Asia, and India. For use as a foundation to build a supplemental collection.

Representing Clients in Legal Negotiations; Obligation of Competent Representation. Basic Types of Legal Negotiation; Basic Elements of Case Value; Case Evaluation Methods; Goals; Interests; Target Points; Minimum Dispositions; Best Alternative to a Negotiated Agreement; Settlement Offers and Discussions as Evidence at Trial; Procedural Rules Affecting Offers of Compromise; Effect of Negotiations on the Statute of Limitations; Legal Disputes that Should Not Be Negotiated; Legal Negotiating Styles; Legal Negotiating Strategies; Stages of Legal Negotiation; Interplay Between the Litigation Process and the Stages of Negotiation; Environmental Considerations; Ground Rules; Communication and Information Exchange; Truth in Legal Negotiations; Intimidation; Face Saving; Threats and Promises; Conflict Escalation and Entrapment; Narrowing the Differences; Reaching Agreement; Defects in Settlements; Fairness in Negotiating Results.

Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.