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Author : G. Nicholas Herman,Jean M. Cary,Joseph E. Kennedy
Publisher : Unknown
Page : 608 pages
File Size : 48,9 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105060802605
Author : G. NICHOLAS. HERMAN
Publisher : Unknown
Page : 128 pages
File Size : 43,7 Mb
Release : 2009
Category : Electronic
ISBN : 153102226X
Author : G. Nicholas Herman,Jean M. Cary
Publisher : Unknown
Page : 478 pages
File Size : 48,6 Mb
Release : 2009
Category : Attorney and client
ISBN : 1422480399
Author : Jay Folberg,Jennifer Reynolds
Publisher : Aspen Publishing
Page : 306 pages
File Size : 43,8 Mb
Release : 2021-09-14
Category : Law
ISBN : 9781543846522
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, and lively text for any law school Negotiation course, this book reflects the authors’ experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included. New to the Fourth Edition: Fresh material and perspective benefiting from a new co-author Each chapter has been updated with new insights and examples More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques Streamlined presentation of outside excerpts Greater coverage of distance negotiation, including email and remote contexts Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning Professors and student will benefit from: Step-by-step organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients as negotiators Practice-based approach which helps students apply the concepts Exercises and accompanying role-plays that facilitate classroom discussion Assessment tools to aid in student learning and understanding Videos that show experienced lawyers, negotiators, and mediators performing role plays
Author : G. Nicholas Herman,Jean M. Cary
Publisher : LexisNexis
Page : 584 pages
File Size : 52,7 Mb
Release : 2009
Category : Business & Economics
ISBN : STANFORD:36105134464853
This book provides a comprehensive descriptive and prescriptive treatment of legal counseling, interviewing, and negotiation (including mediation and plea-bargaining). As reflected in the title, the book takes "a practical approach" to these skills, so students can learn specifically how to engage in effective counseling and negotiating. The book also emphasizes pertinent ethical and legal considerations in connection with counseling clients and negotiating settlements. The authors discuss leading "theoretical approaches" to the extent those approaches can be meaningfully applied in practice. The overall effect is to emphasize that blend of theory, practice, ethics, and law that is most meaningful in the sense of having real-life application to effective client representation. The Appendices to the book provide numerous negotiation and mediation, including plea-bargaining, role-plays. Interviewing and counseling role-plays are provided in a separate Teacher's Manual (available only to professors), which also includes the "confidential instructions" for the negotiation, mediation, and plea bargaining role-plays. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author : Marjorie Corman Aaron
Publisher : Oxford University Press
Page : 288 pages
File Size : 50,6 Mb
Release : 2012-05-04
Category : Law
ISBN : 9780199970858
Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.
Author : Barney Jordaan
Publisher : Elgar Guides to Professional Skills for Lawyers
Page : 480 pages
File Size : 42,9 Mb
Release : 2022-06-16
Category : Electronic
ISBN : 1803920769
Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer's guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers. Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.
Author : G. Nicholas Herman
Publisher : Unknown
Page : 362 pages
File Size : 44,8 Mb
Release : 2021
Category : Dispute resolution (Law)
ISBN : 1531023266
This book focuses on lawyering skills in negotiating and mediating, including the lawyer's counseling function and ethical responsibilities in connection with these dispute resolution processes. Because these are practical skills that are integral to effective legal representation, the book aims to be eminently practical in the descriptive and prescriptive treatment of them, even as the book also discusses some of the most important theoretical approaches to negotiation and mediation. The overall effort has been to provide a blend of theory and practice that is most meaningful in the sense of having real-life application to effective client representation in negotiating and mediating.
Author : Michael Leathes
Publisher : Kluwer Law International B.V.
Page : 338 pages
File Size : 42,7 Mb
Release : 2017-03-15
Category : Law
ISBN : 9789041167354
Written by internal counsel, for internal counsel: clear, concise and inspirational. Personifies that the “benefit of the bargain” is not simply a game of numbers. Ute Joas Quinn, Associate General Counsel Exploration and Production, Hess Corporation Spot on! A user-friendly book that I was using before I reached the end. It made me think more creatively about all my negotiations to come. A must-read for every current and future in-house counsel. Cyril Dumoulin, Senior Legal Counsel Global Litigation, Shell International A lively, entertaining work. A multi-faceted approach to the art of negotiation. A convincing demonstration of what it is about and how it actually works. Isabelle Hautot, General Counsel International Expertise, Orange Telecom A clear and most comprehensive, not to mention, practical, book on negotiation. I picked it up and could not put it down. Wolf Von Kumberg, former Associate General Counsel and European Legal Director, Northrop Grumman Corporation; Chairman of the Board of Management, Chartered Institute of Arbitrators; Director, American Arbitration Association; Member, ArbDB It has been such a pleasure to read what is destined to inspire in-house counsel and many others for negotiating deals and settlements. It covers the landscape from both theoretical and practical angles. I found myself nodding in recognition and agreement all along the way. Leslie Mooyaart, former General Counsel, KLM Royal Dutch Airlines; former Vice President and General Counsel, APM Terminals (Maersk); Chairman, The New Resolution Group
Author : Carrie J Menkel-Meadow,Andrea Kupfer Schneider,Lela Porter Love
Publisher : Aspen Publishing
Page : 624 pages
File Size : 46,7 Mb
Release : 2020-09-14
Category : Law
ISBN : 9781543823202
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A distinguished team of leaders in the field of dispute resolution offers a thorough treatment of negotiation skills, ethics, and problem-solving techniques. Comprehensive and current, Negotiation: Processes for Problem Solving covers the theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of negotiation practice. Carefully selected cases are supported by key readings, from critical articles and empirical studies to statutes and regulations. Negotiation: Processes for Problem Solving looks at the latest interdisciplinary approaches to negotiation, including new empirical studies examining on-line negotiation, social and cognitive psychology, gender, race, culture and negotiation, and multiple party negotiation. An introduction to facilitated negotiation (mediation and meeting facilitation) is also included. New research is distilled for use by law students and practicing lawyers. New and complex examples from international negotiation problems come from both private and public environments. The book also explores new forms of complex negotiation in international, multi-party and diverse settings and considers negotiators as problem-solving lawyers. The text is perfectly suited to free standing negotiation courses in American and foreign law schools. Problem boxes, set off in the book, make for easy classroom exercises and teaching. New to the Third Edition: Online and other media forms of negotiation New articles from both research and practice books Shorter excerpts for distilled treatment of issues Comprehensive treatment of negotiation preparation, including client interviewing and counseling Analysis of choice of negotiation approaches to match particular contexts Professors and students will benefit from: A thorough treatment of negotiation skills, ethics, and problem-solving techniques Theory and different frameworks for analyzing negotiation contexts Legal and policy analyses relevant to all key areas of negotiation practice Carefully selected cases and problem sets supported by key readings, from critical articles and empirical studies to statutes and regulations Latest interdisciplinary approaches to negotiation Negotiation research distilled for law students and practicing lawyers Deep discussion of negotiators as problem-solving lawyers Complex examples from international negotiation problems in both private and public environments new forms and facilitation of complex negotiation in international, multi-party, and diverse settings
Author : Paul J. Zwier,Thomas F. Guernsey
Publisher : Aspen Publishing
Page : 222 pages
File Size : 52,8 Mb
Release : 2015-12-17
Category : Law
ISBN : 9781601564795
In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
Author : Carrie J. Menkel-Meadow,Lela Porter-Love,Andrea Kupfer-Schneider
Publisher : Aspen Publishing
Page : 668 pages
File Size : 49,6 Mb
Release : 2020-02-02
Category : Law
ISBN : 9781543820973
Mediation: Practice, Policy, and Ethics provides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators
Author : Dwight Golann,Jay Folberg
Publisher : Aspen Publishing
Page : 449 pages
File Size : 49,5 Mb
Release : 2021-09-14
Category : Law
ISBN : 9781543847413
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. It includes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.
Author : Andrea Kupfer Schneider,Christopher Honeyman
Publisher : American Bar Association
Page : 0 pages
File Size : 40,5 Mb
Release : 2019
Category : Law
ISBN : 1641054808
This practical, easy-to-use guide is designed to help you figure out quickly what went wrong in yesterday's meetings, and how to fix it in tomorrow's follow-up. Each chapter starts with a brief introduction, followed by a standard section, Why This Concept Might Change Your Thinking. There, the author explains succinctly why their body of work might be useful specifically for lawyers. After that, each chapter has a section called Action Plan--What You Can Do Differently Tomorrow in which each author outlines specific steps you can take in your next negotiation. No other book comes close to this level of help for a lawyer facing a typical or even downright strange negotiating problem. This guide contains everything you need to know about negotiating in one compact volume.
Author : John Lande
Publisher : Tradeselect
Page : 0 pages
File Size : 50,5 Mb
Release : 2011
Category : Attorney and client
ISBN : 1616321016
Whether you're a solo practitioner or in a mid-to large-sized firm, you negotiate often in your career. This guide discusses how you can be more successful using Planned Early Negotiations.