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• Title:Lawyer negotiation : theory, practice, and law / Jay Folberg, Dwight Golann.
  
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• Author/Creator:Folberg, Jay, 1941-
  
• Other Contributors/Collections:Golann, Dwight.
  
• Published/Created:New York : Aspen Publishers, ©2011.
  

• Holdings

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  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KF9084 .F65 2011
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Negotiation--United States.
  Dispute resolution (Law)--United States.
  
• Edition:2nd ed.
  
• Description:xxv, 416 pages ; 26 cm + teacher's manual
  
• Series:Aspen casebook series.
  
• Notes:Includes bibliographical references (pages 389-402) and index.
  
• ISBN:9780735599703 (alk. paper)
  073559970X (alk. paper)
  9780735599710 (pbk. ; teacher's manual)
  0735599718 (pbk. ; teacher's manual)
  
• Contents:Machine generated contents note: ch. 1 Negotiation And Conflict
  A. Introduction To Negotiation
  B. Conflict Is What We Make It
  Some Wise And Mistaken Assumptions About Conflict And Negotiation / Jeffrey Z. Rubin
  C. Triangle Of Conflict And Negotiation
  Tiger Attack
  Negotiation As A Healing Process / Gerald R. Williams
  ch. 2 Perception, Fairness, Psychological Traps, And Emotions
  A. Role Of Perceptions
  War Of The Roses / Warren Adler
  Conflict Helix / R.J. Rummel
  B. Impact Of Fairness
  Home-Run Ball Catch
  Perceptions Of Fairness In Negotiation / Nancy A. Welsh
  C. Psychological Traps And Professional Objectivity
  D. Role Of Emotions And Emotional Intelligence
  Interpersonal Dynamics: Helping Lawyers Learn The Skills, And The Importance, Of Human Relationships In The Practice Of Law / Joshua D. Rosenberg
  ch. 3 Competitive And Cooperative Negotiation
  Microsoft V. Stac
  Note: Game Theory And The Prisoners' Dilemma
  A. Competitive/Adversarial Approach
  Primer On Competitive Bargaining / Gary Goodpaster
  Note: Responses To Competitive Hardball And Difficult People
  B. Cooperative/Problem-Solving Approach
  Note: Positions Vs. Interests
  Toward Another View Of Legal Negotiation: The Structure Of Problem Solving / Carrie Menkel-Meadow
  C. Tension Between Creating Value And Claiming Value
  Pros And Cons Of "Getting To Yes" / Roger Fisher
  ch. 4 Combined Approach And Choosing A Style
  A. Combined Approach
  - Creating Value And Claiming Value
  Manager As Negotiator: Bargaining For Cooperation And Competitive Gain / James K. Sebenius
  Note: Differences Can Create Joint Gains
  Limits Of Integrative Bargaining / Gerald B. Wetlaufer
  1. Cooperation Vs. Competitiveness
  -Who Decides?
  2. Ends Vs. Means
  B. Choosing An Effective Approach
  1. Negotiating Within Your Comfort Zone
  "I See A Pattern Here And The Pattern Is You": Personality And Dispute Resolution / John Richardson
  2. Effectiveness And Style
  Perception, Reputation And Reality: An Empirical Study Of Negotiation Skills / Andrea Kupfer Schneider
  Note: A Critique Of The Studies
  ch. 5 Negotiation Step By Step
  - The Beginning
  A. Negotiation Stages And Approaches
  B. Getting Ready To Negotiate
  1. Preparation
  Positive Theory Of Legal Negotiation / Russell Korobkin
  2. Setting Goals
  Bargaining For Advantage: Negotiation Strategies For Reasonable People / G. Richard Shell
  3. Negotiation Preparation Checklists
  Note: Web And Computer-Assisted Preparation
  C. Initial Interaction
  1. Trust And Rapport
  Terry Waite: A Study In Authenticity / Robert Benjamin
  Note: Rapport And Reciprocity
  D. Exchanging And Refining Information
  1. Listening And Questioning
  Woman's Guide To Successful Negotiating / Jessica Miller
  2. Managing Information
  Negotiation: Theory And Practice / Melissa L. Nelken
  E. Opening Demands And Offers
  Legal Negotiation / Charles Craver
  Negotiation Genius / Max H. Bazerman
  Civil Action / Jonathan Harr
  ch. 6 Negotiation Step By Step
  - The Middle
  A. Bargaining
  1. Managing Concessions
  Planning And Executing An Effective Concession Strategy / Theron O'Connor
  2. Value-Creating Trades And Brainstorming
  Beyond Winning: Negotiating To Create Value In Deals And Disputes / Andrew S. Tulumello
  3. Multiparty Bargaining
  -Coalitions And Holdouts
  Lawyers: Class Of `69 / John M. Poswall
  B. Moving Toward Closure
  1. Role Of Power And Commitment
  Negotiating Power: Getting And Using Influence / Roger Fisher
  Note: Irrational Threats, Absolute Commitments, And Perception Of Power
  Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact / H. Lee Hetherington
  2. Deadlines And Final Offers
  Civil Warrior: Memoirs Of A Civil Rights Attorney / Guy T. Saperstein
  Note: The Effect Of Scarcity And Deadlines
  Defusing The Exploding Offer: The Farpoint Gambit / Robert J. Robinson
  3. Decision Tree Analysis
  Decision Trees
  - Made Easy / Richard Birke
  Note: The Problem With Risk Analysis And Decision Trees
  ch. 7 Negotiation Step By Step
  - The End
  A. Impasse Or Agreement
  1. Apologies
  Apologies And Legal Settlement: An Empirical Examination / Jennifer K. Robbennolt
  Note: Evidentiary Consequences Of Apologies
  2. Splitting The Difference And Dealing With Impasse
  Bargaining For Advantage: Negotiation Strategies For Reasonable People / G. Richard Shell
  3. Logrolling And Packaging
  4. Agree To Disagree: Contingent Agreements
  Contingent Agreements: Agreeing To Disagree About The Future / Michael Moffitt
  B. Finalizing And Writing The Agreement
  1. Release Of Claims
  2. Structured Settlements
  3. Ratification
  4. Single Text Agreements
  Effective Legal Negotiation And Settlement / Charles B. Craver
  ch. 8 Telephone And Cyber Negotiation
  A. Negotiating By Telephone And Video Communication
  Take The Deal!
  B. E-Mail And Texting Negotiation
  Cyber E-Mail Negotiation Vs. Traditional Negotiation: Will Cyber Technology Supplant Traditional Means Of Settling Litigation? / Lynn A. Epstein
  Rapport In Legal Negotiation: How Small Talk Can Facilitate E-Mail Dealmaking / Janice Nadler
  Note: Avoiding Costly E-Mail Mistakes
  C. Online Dispute Resolution
  Numbers Game / Douglas S. Malan
  Online Dispute Resolution / Ethan Katsh
  ch. 9 Gender, Culture, And Race
  A. Moving Beyond Gender Stereotypes
  Shadow Negotiation: How Women Can Master The Hidden Agendas That Determine Bargaining Success / Judith Williams
  Gender: An (Un)Useful Category Of Prescriptive Negotiation Analysis / Amy Cohen
  Power Of Underestimation
  B. Cultural Differences, Or Why The World Is Not Boring
  Caveats For Cross-Border Negotiations / James K. Sebenius
  Note: Research On Culture And Negotiation
  Culture And Negotiation Processes / Jeanne M. Brett
  C. Is Race A Factor In Negotiations?
  Race And Negotiation Performance: Does Race Predict Success As A Negotiator? / Charles B. Craver
  Note: Response Of An African-American Law Professor
  ch. 10 Negotiation Ethics
  A. Deception Vs. Disclosure
  Ethics In Settlement Negotiations: Foreword / Patrick E. Longan
  B. Client Control Vs. Lawyer Integrity (Conflicts Of Interest)
  Moral Compass Of The American Lawyer / Carol M. Langford
  Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role / Robert J. Condlin
  Beyond Winning: Negotiating To Create Value In Deals And Disputes / Andrew S. Tulumello
  Fee Arrangements And Negotiation / Herbert M. Kritzer
  C. Good Faith Vs. Threats, Exposure, And Coercion
  When David Meets Goliath: Dealing With Power Differentials In Negotiations / Elliot M. Silverstein
  D. Ethics Reform And New Forms Of Practice
  1. Reform Proposals And Guidelines
  2. Collaborative Law, Cooperative Practice, And Mindfulness
  Mindfulness In The Law And Adr: Can Saints Negotiate? / Scott R. Peppet
  ch. 11 Law Of Negotiation
  A. How Law Impacts Negotiation
  B. Offers Of Settlement And Fee Shifting
  Note: Rule 68 Requirements
  Bmw Of North America, Inc. V. Krathen
  Marek V. Chesny
  Is The Gummy Rule Of Today Truly Better Than The Toothy Rule Of Tomorrow? How Federal Rule 68 Should Be Modified / Anna Aven Sumner
  Note: Does Frcp 68 Create More Risk Taking Rather Than Less?
  C. Mary Carter Agreements
  Abbot Ford, Inc. V. The Superior Court Of Los Angeles County; Ford Motor Co.
  D. Common-Law Limits
  - Fraud, Misrepresentation, And Duress
  Law Of Bargaining / Nancy Welsh
  E. Tax Considerations
  Taxing Matters In Settling Cases / Robert W. Wood
  F. Negotiation Malpractice
  Nicolet Instrument Corp. V. Lindquest & Vennum
  Note: Gravamen Of Malpractice
  Ziegelheim V. Apollo
  Post-Settlement Malpractice: Undoing The Done Deal / Lynn A. Epstein
  Note
  - Preventing Negotiation Malpractice
  ch. 12 Obstacles To Agreement And Negotiation Assistance
  A. Obstacles
  Why Negotiations Fail: An Exploration Of Barriers To The Resolution Of Conflict / Robert H. Mnookin
  B. Negotiation Assistance
  C. Mediation
  1. What Is Mediation?
  2. What Do Mediators Do?
  3. What Is The Structure Of Mediation?
  a. Pre-Mediation
  b. Opening Session
  c. Private Caucusing
  d. Moderated Discussions
  e. Follow-Up Contacts
  f. Variations In Format
  Death Of A Student
  Note: An Example Of Mediation In Aid Of Negotiation
  4. Goals For The Process
  a. Resolve A Claim In Litigation On The Best Possible Monetary Terms
  b. Develop A Broad, Interest-Based Resolution
  c. Repair The Parties' Ruptured Relationship
  d. Change The Parties' Perspectives
  e. Choices Among Potential Goals
  5. Mediator Styles
  a. Classifying Styles
  Mediator Orientations, Strategies And Techniques / Leonard L. Riskin
  b. Do Mediators Have A Single Style?
  6. Mediation Techniques To Overcome Negotiation Obstacles
  a. Build A Foundation For Settlement
  b. Allow Participants To Argue And Express Feelings
  c. Moderate The Bargaining And Offer Coaching
  d. Seek Out And Address Hidden Issues
  e. Test The Parties' Alternatives; If Necessary, Evaluate The Adjudication Option
  f. Break Bargaining Impasses
  7. "Deal Mediation"
  Contract Formation In Imperfect Markets: Should We Use Mediators In Deals? / Scott R. Peppet
  Contents note continued: D. Judicial Settlement Conferences And Court Adr Programs
  1. Judge-Led Settlement Conferences
  2. Court Adr Programs
  Alternative Dispute Resolution: An Empirical Analysis / Jay Folberg
  3. Perspective On Adr Principles
  Judge's Perspective On Lawyering And Adr / Wayne Brazil
  ch. 13 Mediating For Negotiation Advantage
  A. Introduction
  B. Initial Strategy
  1. General Advice
  How Advocacy Fits In Effective Mediation / Jeffrey G. Kichaven
  Twenty Common Errors In Mediation Advocacy / Tom Arnold
  Mediation Representation: Advocating In A Problem-Solving Process / Harold Abramson
  2. When To Mediate
  3. How To Initiate The Process
  C. Structuring The Mediation
  1. Selecting A Mediator
  Strategic Considerations In Choosing A Mediator: A Mediator's Perspective / David S. Ross
  2. Ensuring The Presence Of Necessary Participants
  Mediator's Tip: Talk To Me! / Jerry Spolter
  3. Influencing The Format
  4. Planning For Court-Connected Mediation
  D. Preparing To Mediate
  1. Developing A Negotiating Plan
  2. Exchanging Information
  a. Exchanging Data With The Other Party
  b. Educating The Mediator
  3. Preparing The Client
  E. Representing Clients During The Process
  1. Joint Meetings
  a. Opening Session
  b. Other Joint Formats
  2. Caucusing
  a. Early Caucuses
  b. Later Caucuses
  F. Conclusion
  ch. 14 Negotiated Settlement Policy And Limits
  A. Is Settlement Desirable?
  Against Settlement / Owen M. Fiss
  Three Things To Be Against ("Settlement" Not Included) / Michael Moffitt
  B. Should You Always Negotiate?
  Family War
  Bargaining With The Devil: When To Negotiate, When To Fight / Robert Mnookin
  C. Judicial Encouragement Of Settlement
  Note
  - Compelled Participation And Good-Faith Bargaining
  D. Court Approval Of Negotiated Settlements
  Note
  - Class Settlement Fairness And Objectors
  E. New Role For Lawyers
  - Settlement Counsel
  Why Should Businesses Hire Settlement Counsel? / Kathy A. Bryan.