Skills & Values: Legal Negotiating 4th Edition by Charles Craver, ISBN-13: 978-1531017811
[PDF eBook eTextbook]
- Publisher: Carolina Academic Press; Fourth edition (April 1, 2020)
- Language: English
- 268 pages
- ISBN-10: 1531017819
- ISBN-13: 978-1531017811
This book explores one of the most basic skills employed by lawyers on a regular basis: negotiation. They negotiate with their colleagues, clients, and on behalf of clients with other parties. It is a book that can be used as the primary text in a negotiations class or as one of several books. It explores the six distinct stages of bargaining interactions and various negotiating tactics attorneys might use. It covers various psychological factors likely to influence bargaining interactions, plus the possible impact of ethnicity and gender on such endeavors. It has separate chapters covering plea bargaining, transnational interactions, human rights negotiations, and multi-party dealings. It also covers important ethical issues negotiators are likely to encounter. Negotiating exercises are included at the end of chapters to demonstrate the specific areas covered in those chapters.
Table of Contents:
Preface
Chapter 1 • Introduction
I. Importance of Negotiation Skills
II. Limited Law School Treatment
III. Ethical Considerations
Chapter 2 • Silent Negotiation Exercise
Chapter 3 • Negotiation Process
I. Preparation (Establishing Limits and Goals)
A. Client Preparation
B. Lawyer Preparation
II. Preliminary Stage (Establishing Negotiator Identities and Tone for the Interaction)
III. Information Stage (Value Creation)
A. Use of Information-Seeking Questions
B. Benefits of Inducing Counterparts to Make First Offers
C. Multiple Item Negotiations
D. How to Disclose and Withhold Important Information
E. Exploring Underlying Needs and Interests of Parties
IV. Distributive Stage (Value Claiming)
A. Carefully Planned Concession Patterns
B. Power Bargaining
C. Common Power Bargaining Tactics
D. Negotiators Must Always Remember Their Nonsettlement Options
V. Closing Stage (Value Solidifying)
VI. Cooperative Stage (Value Maximizing)
Chapter 4 • Negotiation Techniques
I. Numerically Superior Bargaining Team
II. Extreme Initial Demands/Offers
III. Probing Questions
IV. Boulwareism — Best Offer First Bargaining
V. Range Offers
VI. Limited Client Authority
VII. Limited Time Offers/Decreasing Offers or Increasing Demands
VIII. Flinch/Krunch
IX. Anger/Aggressive Behavior
X. Walking Out/Hanging Up Telephone
XI. Irrational Behavior
XII. Uproar (“Chicken Little”)
XIII. Brer Rabbit (Reverse Psychology)
XIV. Mutt and Jeff (Good Cop/Bad Cop)
XV. Passive-Aggressive Behavior
XVI. Belly Up
XVII. “Nibble” Technique
Chapter 5 • Post-Negotiation Assessments
Chapter 6 • Pre-Negotiation Same Side Group Evaluations
Chapter 7 • Influence of Negotiator Styles
I. Introduction
II. Cooperative/Problem-Solving (Win-Win) and Competitive/Adversarial (Win-Lose) Styles
III. Comparative Effectiveness of Cooperative/Problem-Solving and Competitive/Adversarial Negotiators
IV. Interactions between Persons with Different Negotiating Styles
V. The Competitive/Problem-Solving (WIN-win) Approach
VI. Collaborative/Cooperative Law Approaches
VII. Conclusion
Chapter 8 • Impact of Process on Post-Negotiation Feelings
Chapter 9 • Nonverbal Communication
I. Common Nonverbal Signals
II. Nonverbal Signs of Deception
Chapter 10 • Dealing with Zero-Sum Exercises
Chapter 11 • Impact of Anchoring/Anchoring Exercise
Chapter 12 • Impact of Psychological Factors
I. Gain-Loss Framing
II. Optimistic Over-Confidence
III. Endowment Effect
IV. Regret Aversion
V. Paradox of Choice
VI. Entrapment
VII. Attribution Bias
Chapter 13 • Impact of Gender on Negotiations
I. Real and Perceived Gender-Based Differences
II. Statistical Results
Chapter 14 • Telephone, E-Mail, and Texting Negotiations
I. Telephone Negotiations
II. E-Mail and Text Message Negotiations
Chapter 15 • Plea Bargaining Negotiations
Chapter 16 • Transnational Business Negotiations
Chapter 17 • Human Rights Negotiations
Chapter 18 • Multi-Party Negotiations
Chapter 19 • NASA Decision-Making Exercise
Chapter 20 • Mediation
I. Mediator Styles
A. Facilitative/Elicitive Mediators
B. Directive/Evaluative Mediators
C. Transformative Mediators
II. Initiation of Mediation Process
III. Preparation for Mediation Sessions
IV. Conducting Mediation Sessions
Chapter 21 • Ethical Dilemmas
I. Affirmative Factual Misrepresentations
II. Partially Truthful Factual Statements
III. Impermissible Factual Omissions
IV. Legal Misrepresentations and Omissions
V. Unconscionable Negotiating Tactics
VI. Interactions with Neutral Facilitators
VII. Conclusion
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