Legal Negotiation And Settlement

This work is written primarily for law students who are learning negotiating skills in clinical courses, but it will serve equally well for lawyers and others who are interested in the topic of negotiation. The book has three main areas of emphasis. First, negotiating behavior of practicing lawyers fall into two main patterns-?cooperative? and ?aggressive?-and implications of those patterns is discussed. The author then covers the four stages of the negotiation process, and lastly lays out the legal rules and economic principles that apply to the negotiated settlement of disputes. The Appendices include transcripts to two lawyer-to-lawyer negotiations.

In Effective Legal Negotiation & Settlement the author dissects the negotiating process, showing how factors incidental to the actual matter in dispute can determine the outcome. Learn how body language, preparation materials, & seemingly offhand statements undermine strategy & position, leaving one side prostrate in the face of superior technique. Whether you are softspoken or brash, flexible or stubborn, Effective Legal Negotiation & Settlement can teach you how to listen & observe & adjust strategy to strengthen your position.

Revised edition of : Negotiation strategy for lawyers by Xavier M. Frascogna, Jr. and H. Lee Hetherington.

"This book thoroughly explores one of the most basic skills employed by lawyers on a regular basis. They negotiate with their own colleagues, with their own clients, and on behalf of clients with other parties. Most attorneys have had minimal training with respect to this critical area. This book is designed to demonstrate how structured bargaining interactions are. It explores different negotiator styles, verbal and nonverbal communication, the six distinct stages of bargaining interactions, and various negotiating tactics. It describes various issues negotiators should be familiar with, plus the possible impact of ethnicity and gender issues on individuals negotiating with others. Transnational negotiations are covered, as are mediation concepts. Various ethical issues relevant to bargaining interactions are also included. A number of different negotiation exercises are included in the Teacher's Manual, which can be employed to demonstrate the different concepts explored in the book"--