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
With its lively examples and its innovative framework for managing the tensions intrinsic to any negotiation, Beyond Winning is must reading for lawmakers as well as lawyers--for anyone, in fact, who is charged with resolving intractable disputes and forging lasting agreements. -- Senator George Mitchell Much negotiation literature suffers from one of two problems. Either it is too theoretical to be of use to practitioners or it is simplistic, purporting to give advice to negotiators in cookbook form. Beyond Winning captures the most important theoretical economic and social science material and uses vivid examples to demonstrate techniques for using theoretical insights in practice. The mini-case histories and transcripts of portions of negotiations that appear throughout the book are especially valuable ways both to illustrate theory and to provide practical guidance for its application. -- Carol B. Liebman, Columbia Law School The authors provide specific, concrete strategies lawyers and their clients can employ to mitigate the tensions that make legal negotiation so difficult. They integrate theory and practice in ways that do justice to the complexity of each. -- Jennifer Girarda Brown, Quinnipiac College School of Law On the cutting edge of negotiation literature, Beyond Winning is a spectacular integration of our contemporary understanding of negotiation, modern social science, and the legal context. This is an excellent book and is sure to become a must-read for lawyers, law students, and executives who deal with the legal process on a regular basis. -- Max Bazerman, Harvard Business School
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.
Observing that today's tough, adversarial legal negotiations preempt mutually beneficial problem solving between parties, Mnookin (director of the Harvard Negotiation Research Project and a professor at Harvard Law School) and his coauthors urge lawyers to adopt a proactive, optimistic and realistic mindset to transform their practices. Though they are careful to acknowledge the difficulty of changing from the standard gladiatorial stance, Mnookin, Peppet and Tulumello present compelling examples of the advantages that such a change can bring in divorce cases, sales of existing companies, real estate deals and contract negotiations. Their comparison of litigation-gone-bad (e.g., the Buchwald v. Paramount Pictures lawsuit that benefited neither party) with more positive approaches (e.g., the problem-solving mode used in the once-nasty Digital Equipment Corp. patent infringement dispute with Intel) argues for serious consideration of their techniques. For those still resistant to giving up their Road Warrior ways, the authors provide tables of strategies with "Limiting Assumptions" contrasted with "More Helpful Assumptions" that dare even the most pigheaded to ignore common sense. Although Mnookin, Peppet and Tulumello have consciously aimed the book at attorneys who want to serve clients' broader needs better as well as to protect their interests, the authors' practical, straightforward and jargon-free style makes this a valuable resource for anybody who is about to hire an attorney, file a lawsuit or sign a contract. (Oct.) Copyright 2000 Cahners Business Information.
With its lively examples and its innovative framework for managing
the tensions intrinsic to any negotiation, Beyond Winning is
must reading for lawmakers as well as lawyers-for anyone, in fact,
who is charged with resolving intractable disputes and forging
lasting agreements. -- Senator George Mitchell
Much negotiation literature suffers from one of two problems.
Either it is too theoretical to be of use to practitioners or it is
simplistic, purporting to give advice to negotiators in cookbook
form. Beyond Winning captures the most important theoretical
economic and social science material and uses vivid examples to
demonstrate techniques for using theoretical insights in practice.
The mini-case histories and transcripts of portions of negotiations
that appear throughout the book are especially valuable ways both
to illustrate theory and to provide practical guidance for its
application. -- Carol B. Liebman, Columbia Law School
The authors provide specific, concrete strategies lawyers and their
clients can employ to mitigate the tensions that make legal
negotiation so difficult. They integrate theory and practice in
ways that do justice to the complexity of each. -- Jennifer Girarda
Brown, Quinnipiac College School of Law
On the cutting edge of negotiation literature, Beyond
Winning is a spectacular integration of our contemporary
understanding of negotiation, modern social science, and the legal
context. This is an excellent book and is sure to become a
must-read for lawyers, law students, and executives who deal with
the legal process on a regular basis. -- Max Bazerman, Harvard
Business School
Observing that today's tough, adversarial legal negotiations
preempt mutually beneficial problem solving between parties,
Mnookin and his coauthors urge lawyers to adopt a proactive,
optimistic and realistic mindset to transform their practices...
[Although] aimed...at attorneys who want to serve clients' broader
needs better as well as to protect their interests, the authors'
practical, straightforward and jargon-free style makes this a
valuable resource for anybody who is about to hire an attorney,
file a lawsuit or sign a contract. * Publishers Weekly *
Conventional negotiating strategy often requires adversarial
positions, but the authors propose viewing negotiating as a
problem-solving task... They explain that creating value is the key
to successful negotiating. The goal should not be to win the
biggest piece of the pie but to make the pie bigger! -- David Rouse
* Booklist *
[Beyond Winning] rallies all of the [Harvard Negotiation
Research Project's] prior gems of wisdom on negotiation around the
central theme of creating value. [The book] should be required
reading for all lawyers and law students, for all mediators and
judges. It is a book that every lawyer should ask his or her client
to read (or reread) prior to commencing any important transaction
or dispute, negotiation or mediation. Crafted in a reader-friendly
style, the book energetically promotes an interdisciplinary
approach to problem-solving in negotiation... In contrast to other
experts' advice to be reactive initially in a negotiation, the
authors here encourage a proactive, 'take charge' approach to
engaging negotiators across the table in problem-solving. This
approach is not initially directed to the substance of the dispute
or transaction, but rather to the nature and structure of the
negotiation process that the parties might together design... This
is a book for everyone who negotiates-a universe that includes all
of us. Inevitably, it will move lawyers into a new paradigm of
thinking about higher-quality solutions in negotiation and
mediation, and about how to achieve the best possible results for
their clients. It is bound to change the world of negotiation in
this new millennium. -- John W. Cooley * ABA Journal *
The practice of law has become more contentious and competitive,
not less. The authors of [Beyond Winning]...advocate that
parties [instead] practice 'value creation' (i.e., the attempt to
'enlarge the pie') so that both parties to a negotiation receive
bigger returns... The book does an excellent job of breaking down
relationships, players, tensions and organizations to lay bare the
inner-workings of the actors in a negotiation and the situations
they create. Because of its unique objective of educating attorneys
and clients, Beyond Winning is a good addition to any
library on negotiation. -- William J. Estes * New York Law Journal
*
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