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Getting to Yes by Roger Fisher,William Ury,Bruce Patton Pdf
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.
Lawyer Negotiation by Jay Folberg,Jennifer Reynolds Pdf
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
Robert H. Mnookin,Scott R. Peppet,Andrew S. Tulumello
Author : Robert H. Mnookin,Scott R. Peppet,Andrew S. Tulumello Publisher : Harvard University Press Page : 369 pages File Size : 40,8 Mb Release : 2004-04-15 Category : Law ISBN : 9780674504103
Beyond Winning by Robert H. Mnookin,Scott R. Peppet,Andrew S. Tulumello Pdf
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.
Freedman, Jeremy,Law Society of Upper Canada. Department of Continuing Legal Education,Peter C. Wardle
Author : Freedman, Jeremy,Law Society of Upper Canada. Department of Continuing Legal Education,Peter C. Wardle Publisher : Department of Continuing Legal Education, Law Society of Upper Canada = Barreau du Haut-Canada Page : 128 pages File Size : 44,9 Mb Release : 1997 Category : Arbitration and award ISBN : 0887597335
Resolving Business Disputes Outside the Courtroom : Mediation and Arbitration Clauses : Negotiating and Drafting by Freedman, Jeremy,Law Society of Upper Canada. Department of Continuing Legal Education,Peter C. Wardle Pdf
Negotiating on Behalf of Others by Robert H. Mnookin,Lawrence E. Susskind Pdf
Negotiating on Behalf of Others offers a framework for understanding the complexity and effects of negotiating on behalf of others and explores how current negotiation theory can be modified to account for negotiation agents. Negotiation agents are broadly defined to include legislators, diplomats, salespersons, sports agents, attorneys, and committee chairs—anyone who represents others in a negotiation. Five major negotiation arenas are examined in depth: labor-management relations, international diplomacy, sports agents, legislative process, and agency law. The book concludes with suggestions for future research and specific advice for practitioners. Chapter authors and commentators are leading figures in the field of negotiation. Negotiating on Behalf of Others is a must read for professional negotiators, graduate students, and scholars in the areas of business, public policy, law, international relations, sports, and economics. Negotiating on Behalf of Others is the result of the first of a series of seminars conducted by the faculty of the Program on Negotiation at Harvard on "complicating factors" in negotiations. The first of these complicating factors selected for study was the effect of the presence of an agent on the negotiating process.
Author : Michael L. Moffitt,Robert C. Bordone Publisher : John Wiley & Sons Page : 580 pages File Size : 50,6 Mb Release : 2012-06-28 Category : Law ISBN : 9781118429839
The Handbook of Dispute Resolution by Michael L. Moffitt,Robert C. Bordone Pdf
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.
Business Law I Essentials by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell Pdf
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
“Written in the same remarkable vein as Getting to Yes, this book is a masterpiece.” —Dr. Steven R. Covey, author of The 7 Habits of Highly Effective People • Winner of the Outstanding Book Award for Excellence in Conflict Resolution from the International Institute for Conflict Prevention and Resolution • In Getting to Yes, renowned educator and negotiator Roger Fisher presented a universally applicable method for effectively negotiating personal and professional disputes. Building on his work as director of the Harvard Negotiation Project, Fisher now teams with Harvard psychologist Daniel Shapiro, an expert on the emotional dimension of negotiation and author of Negotiating the Nonnegotiable: How to Resolve Your Most Emotionally Charged Conflicts. In Beyond Reason, Fisher and Shapiro show readers how to use emotions to turn a disagreement-big or small, professional or personal-into an opportunity for mutual gain.
What's Fair by Carrie Menkel-Meadow,Michael Wheeler Pdf
What's Fair is a landmark collection that focuses exclusively on the crucial topic of ethics in negotiation. Edited by Carrie J. Menkel-Meadow and Michael Wheeler, What's Fair contains contributions from some of the best-known practitioners and scholars in the field including Roger Fisher, Howard Raiffa, and Deborah Kolb. The editors and distinguished contributors offer an examination of why ethics matter individually and socially, and explain the essential duties and values of negotiation beyond formal legal requirements. Throughout the book, these experts tackle difficult questions such as: What do we owe our counterparts (if anything) in the way of candor or disclosure? To what extent should we use financial or legal pressure to force settlement? Should we worry about whether an agreement is fair to all the parties, or the effects our negotiated agreements might have on others?
International Association for Philosophy of Law and Social Philosophy. World Congress
Author : International Association for Philosophy of Law and Social Philosophy. World Congress Publisher : Franz Steiner Verlag Page : 188 pages File Size : 42,9 Mb Release : 2004 Category : Law ISBN : 3515085130
Law, Morality, and Legal Positivism by International Association for Philosophy of Law and Social Philosophy. World Congress Pdf
Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.
Lebanese Capitalism and the Emergence of a Transnational Mode of Existence -- On Being Propelled into the World: Existential Mobility and the Migratory Illusio -- Diasporic Anisogamy -- From Ambivalent to Fragmented Subjects -- On Diasporic Lenticularity -- Lenticular Realities and Anisogamic Intensifications -- The Lebanese Transnational Diasporic Family -- Diaspora and Sexuality: A Case Study -- Diasporic Jouissance and Perverse Anisogamy: Negotiated Being in the Streets of Beirut.
Negotiations in the Case Law of the International Court of Justice by Karel Wellens Pdf
This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.
Law of the Sea Negotiations by United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Arms Control, Oceans, International Operations, and Environment Pdf
One of today's leading theologians tackles some of the most significant themes in contemporary theology. Douglas Farrow explores key theological loci such as nature and grace and justification and sanctification; introduces theological giants such as Anselm, Aquinas, Luther, and Barth; and examines contemporary questions about sacraments and unity. Throughout his explorations, Farrow invites readers to consider how to negotiate controversy in Christian theology, especially between Catholics and Protestants, arguing that theology does its best work at the intersection of topics in dispute.