Beyond Winning

The tactics employed in legal deals and disputes often result in a breakdown in communication or in unsettled cases. This book offers a step-by-step guide to conflict resolution, providing both lawyers and their clients with ways to change 'conflict to collaboration'.

Klappentext trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession. Zusammenfassung 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.

Auteur
Robert H. Mnookin is the Samuel Williston Professor of Law at Harvard Law School and the Director of the Harvard Negotiation Research Project. Before joining the Harvard faculty, he was the Adelbert H. Sweet Professor of Law at Stanford Law School and the Director of the Stanford Center on Conflict and Negotiation. He has served as a consultant to governments and international agencies and is the author of Bargaining with the Devil: When to Negotiate and When to Fight. Scott Peppet is Associate Professor, University of Colorado School of Law.Andrew S. Tulumello is an attorney in private practice.

Résumé
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.

Contenu
Preface Introduction 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 Conclusion Notes Index