Author: Susan R. Jones
Publisher: Routledge
ISBN: 113634165X
Category : Education
Languages : en
Pages : 405
Book Description
Negotiating the Complexities of Qualitative Research in Higher Education illuminates the complex nature of qualitative research, while attending to issues of application. This text addresses the fundamentals of research through discussion of strategies, ethical issues, and challenges in higher education. In addition to walking through the methodological steps, this text considers the conceptual reasons behind qualitative research and explores how to conduct qualitative research that is rigorous, thoughtful, and theoretically coherent. Seasoned researchers Jones, Torres, and Arminio combine high-level theory with practical applications and examples, showing how research in higher education can produce improved learning outcomes for students, especially those who have been historically marginalized. This book will help students in higher education and Student Affairs graduate programs to cultivate an appreciation for the complexity and ambiguity of the research and the ways to think thorough questions and tensions that emerge in the process. New in This Edition: Updated citations and content throughout to reflect the newest thinking and scholarship Expansion of current exemplars of qualitative research New exercises, activities, and examples throughout to bolster accessibility of theory A new chapter on Theoretical Perspectives with attention to new perspectives increasingly used in higher education and Student Affairs A new chapter on Challenges in Data Collection
Negotiating the Complexities of Qualitative Research in Higher Education
Author: Susan R. Jones
Publisher: Routledge
ISBN: 113634165X
Category : Education
Languages : en
Pages : 405
Book Description
Negotiating the Complexities of Qualitative Research in Higher Education illuminates the complex nature of qualitative research, while attending to issues of application. This text addresses the fundamentals of research through discussion of strategies, ethical issues, and challenges in higher education. In addition to walking through the methodological steps, this text considers the conceptual reasons behind qualitative research and explores how to conduct qualitative research that is rigorous, thoughtful, and theoretically coherent. Seasoned researchers Jones, Torres, and Arminio combine high-level theory with practical applications and examples, showing how research in higher education can produce improved learning outcomes for students, especially those who have been historically marginalized. This book will help students in higher education and Student Affairs graduate programs to cultivate an appreciation for the complexity and ambiguity of the research and the ways to think thorough questions and tensions that emerge in the process. New in This Edition: Updated citations and content throughout to reflect the newest thinking and scholarship Expansion of current exemplars of qualitative research New exercises, activities, and examples throughout to bolster accessibility of theory A new chapter on Theoretical Perspectives with attention to new perspectives increasingly used in higher education and Student Affairs A new chapter on Challenges in Data Collection
Publisher: Routledge
ISBN: 113634165X
Category : Education
Languages : en
Pages : 405
Book Description
Negotiating the Complexities of Qualitative Research in Higher Education illuminates the complex nature of qualitative research, while attending to issues of application. This text addresses the fundamentals of research through discussion of strategies, ethical issues, and challenges in higher education. In addition to walking through the methodological steps, this text considers the conceptual reasons behind qualitative research and explores how to conduct qualitative research that is rigorous, thoughtful, and theoretically coherent. Seasoned researchers Jones, Torres, and Arminio combine high-level theory with practical applications and examples, showing how research in higher education can produce improved learning outcomes for students, especially those who have been historically marginalized. This book will help students in higher education and Student Affairs graduate programs to cultivate an appreciation for the complexity and ambiguity of the research and the ways to think thorough questions and tensions that emerge in the process. New in This Edition: Updated citations and content throughout to reflect the newest thinking and scholarship Expansion of current exemplars of qualitative research New exercises, activities, and examples throughout to bolster accessibility of theory A new chapter on Theoretical Perspectives with attention to new perspectives increasingly used in higher education and Student Affairs A new chapter on Challenges in Data Collection
International Negotiation in a Complex World
Author: Brigid Starkey
Publisher: Rowman & Littlefield
ISBN: 144227672X
Category : Political Science
Languages : en
Pages : 219
Book Description
The process of negotiation, standing as it does between war and peace in many parts of the globe, has never been a more vital process to understand than in today's rapidly changing international system. Students of negotiation must first understand key IR concepts as they try to incorporate the dynamics of the many anomalous actors that regularly interact with conventional state agents in the diplomatic arena. This hands-on text provides an essential introduction to this high-stakes realm, exploring the impact of complex multilateralism on traditional negotiation concepts such as bargaining, issue salience, and strategic choice. Using an easy-to-understand board game analogy as a framework for studying negotiation episodes, the authors include a rich array of real-world cases and examples—now updated with the results of the Paris climate change agreement—to illustrate key themes, including the intensity of crisis situations for negotiators, the role of culture in communication, and the impact of domestic-level politics on international negotiations. Providing tools for analyzing why negotiations succeed or fail, this innovative text also presents effective exercises and learning approaches that enable students to understand the complexities of negotiation by engaging in the diplomatic process themselves.
Publisher: Rowman & Littlefield
ISBN: 144227672X
Category : Political Science
Languages : en
Pages : 219
Book Description
The process of negotiation, standing as it does between war and peace in many parts of the globe, has never been a more vital process to understand than in today's rapidly changing international system. Students of negotiation must first understand key IR concepts as they try to incorporate the dynamics of the many anomalous actors that regularly interact with conventional state agents in the diplomatic arena. This hands-on text provides an essential introduction to this high-stakes realm, exploring the impact of complex multilateralism on traditional negotiation concepts such as bargaining, issue salience, and strategic choice. Using an easy-to-understand board game analogy as a framework for studying negotiation episodes, the authors include a rich array of real-world cases and examples—now updated with the results of the Paris climate change agreement—to illustrate key themes, including the intensity of crisis situations for negotiators, the role of culture in communication, and the impact of domestic-level politics on international negotiations. Providing tools for analyzing why negotiations succeed or fail, this innovative text also presents effective exercises and learning approaches that enable students to understand the complexities of negotiation by engaging in the diplomatic process themselves.
Negotiating a Complex World
Author: Brigid Starkey
Publisher: Rowman & Littlefield Publishers
ISBN: 1461640326
Category : Political Science
Languages : en
Pages : 202
Book Description
A third edition of this book is now available. Negotiating a Complex World introduces undergraduate students of international relations to the high stakes world of international negotiation. The book uses the analogy of a board game as an organizing technique and includes many real-world cases and examples to illustrate important concepts and relationships. The authors highlight the intensity of crisis situations for negotiators, the role of culture in communication, and the impact of domestic-level politics on international negotiations. The book provides students with the tools they need to analyze why some negotiations are ultimately successful, while others end in failure. This innovative text also provides exercises and learning approaches to enable students to understand the complexity of negotiation by engaging in aspects of the diplomatic process themselves.
Publisher: Rowman & Littlefield Publishers
ISBN: 1461640326
Category : Political Science
Languages : en
Pages : 202
Book Description
A third edition of this book is now available. Negotiating a Complex World introduces undergraduate students of international relations to the high stakes world of international negotiation. The book uses the analogy of a board game as an organizing technique and includes many real-world cases and examples to illustrate important concepts and relationships. The authors highlight the intensity of crisis situations for negotiators, the role of culture in communication, and the impact of domestic-level politics on international negotiations. The book provides students with the tools they need to analyze why some negotiations are ultimately successful, while others end in failure. This innovative text also provides exercises and learning approaches to enable students to understand the complexity of negotiation by engaging in aspects of the diplomatic process themselves.
Complex Automated Negotiations: Theories, Models, and Software Competitions
Author: Takayuki Ito
Publisher: Springer
ISBN: 364230737X
Category : Technology & Engineering
Languages : en
Pages : 239
Book Description
Complex Automated Negotiations are a widely studied, emerging area in the field of Autonomous Agents and Multi-Agent Systems. In general, automated negotiations can be complex, since there are a lot of factors that characterize such negotiations. For this book, we solicited papers on all aspects of such complex automated negotiations, which are studied in the field of Autonomous Agents and Multi-Agent Systems. This book includes two parts, which are Part I: Agent-based Complex Automated Negotiations and Part II: Automated Negotiation Agents Competition. Each chapter in Part I is an extended version of ACAN 2011 papers after peer reviews by three PC members. Part II includes ANAC 2011 (The Second Automated Negotiating Agents Competition), in which automated agents who have different negotiation strategies and implemented by different developers are automatically negotiate in the several negotiation domains. ANAC is an international competition in which automated negotiation strategies, submitted by a number of universities and research institutes across the world, are evaluated in a tournament style. The purpose of the competition is to steer the research in the area of bilateral multi-issue, closed negotiation. This book includes rules, results, agents and domains descriptions for ANAC2011 submitted by organizers and finalists.
Publisher: Springer
ISBN: 364230737X
Category : Technology & Engineering
Languages : en
Pages : 239
Book Description
Complex Automated Negotiations are a widely studied, emerging area in the field of Autonomous Agents and Multi-Agent Systems. In general, automated negotiations can be complex, since there are a lot of factors that characterize such negotiations. For this book, we solicited papers on all aspects of such complex automated negotiations, which are studied in the field of Autonomous Agents and Multi-Agent Systems. This book includes two parts, which are Part I: Agent-based Complex Automated Negotiations and Part II: Automated Negotiation Agents Competition. Each chapter in Part I is an extended version of ACAN 2011 papers after peer reviews by three PC members. Part II includes ANAC 2011 (The Second Automated Negotiating Agents Competition), in which automated agents who have different negotiation strategies and implemented by different developers are automatically negotiate in the several negotiation domains. ANAC is an international competition in which automated negotiation strategies, submitted by a number of universities and research institutes across the world, are evaluated in a tournament style. The purpose of the competition is to steer the research in the area of bilateral multi-issue, closed negotiation. This book includes rules, results, agents and domains descriptions for ANAC2011 submitted by organizers and finalists.
Negotiating at Work
Author: Deborah M. Kolb
Publisher: John Wiley & Sons
ISBN: 1118352416
Category : Business & Economics
Languages : en
Pages : 292
Book Description
Understand the context of negotiations to achieve better results Negotiation has always been at the heart of solving problems at work. Yet today, when people in organizations are asked to do more with less, be responsive 24/7, and manage in rapidly changing environments, negotiation is more essential than ever. What has been missed in much of the literature of the past 30 years is that negotiations in organizations always take place within a context—of organizational culture, of prior negotiations, of power relationships—that dictates which issues are negotiable and by whom. When we negotiate for new opportunities or increased flexibility, we never do it in a vacuum. We challenge the status quo and we build out the path for others to negotiate those issues after us. In this way, negotiating for ourselves at work can create small wins that can grow into something bigger, for ourselves and our organizations. Seen in this way, negotiation becomes a tool for addressing ineffective practices and outdated assumptions, and for creating change. Negotiating at Work offers practical advice for managing your own workplace negotiations: how to get opportunities, promotions, flexibility, buy-in, support, and credit for your work. It does so within the context of organizational dynamics, recognizing that to negotiate with someone who has more power adds a level of complexity. The is true when we negotiate with our superiors, and also true for individuals currently under represented in senior leadership roles, whose managers may not recognize certain issues as barriers or obstacles. Negotiating at Work is rooted in real-life cases of professionals from a wide range of industries and organizations, both national and international. Strategies to get the other person to the table and engage in creative problem solving, even when they are reluctant to do so Tips on how to recognize opportunities to negotiate, bolster your confidence prior to the negotiation, turn 'asks' into a negotiation, and advance negotiations that get "stuck" A rich examination of research on negotiation, conflict management, and gender By using these strategies, you can negotiate successfully for your job and your career; in a larger field, you can also alter organizational practices and policies that impact others.
Publisher: John Wiley & Sons
ISBN: 1118352416
Category : Business & Economics
Languages : en
Pages : 292
Book Description
Understand the context of negotiations to achieve better results Negotiation has always been at the heart of solving problems at work. Yet today, when people in organizations are asked to do more with less, be responsive 24/7, and manage in rapidly changing environments, negotiation is more essential than ever. What has been missed in much of the literature of the past 30 years is that negotiations in organizations always take place within a context—of organizational culture, of prior negotiations, of power relationships—that dictates which issues are negotiable and by whom. When we negotiate for new opportunities or increased flexibility, we never do it in a vacuum. We challenge the status quo and we build out the path for others to negotiate those issues after us. In this way, negotiating for ourselves at work can create small wins that can grow into something bigger, for ourselves and our organizations. Seen in this way, negotiation becomes a tool for addressing ineffective practices and outdated assumptions, and for creating change. Negotiating at Work offers practical advice for managing your own workplace negotiations: how to get opportunities, promotions, flexibility, buy-in, support, and credit for your work. It does so within the context of organizational dynamics, recognizing that to negotiate with someone who has more power adds a level of complexity. The is true when we negotiate with our superiors, and also true for individuals currently under represented in senior leadership roles, whose managers may not recognize certain issues as barriers or obstacles. Negotiating at Work is rooted in real-life cases of professionals from a wide range of industries and organizations, both national and international. Strategies to get the other person to the table and engage in creative problem solving, even when they are reluctant to do so Tips on how to recognize opportunities to negotiate, bolster your confidence prior to the negotiation, turn 'asks' into a negotiation, and advance negotiations that get "stuck" A rich examination of research on negotiation, conflict management, and gender By using these strategies, you can negotiate successfully for your job and your career; in a larger field, you can also alter organizational practices and policies that impact others.
Negotiating Tribal Water Rights
Author: Bonnie G. Colby
Publisher: University of Arizona Press
ISBN: 9780816524556
Category : Social Science
Languages : en
Pages : 220
Book Description
Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rightsÑrights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for allÑtribal councils, legislators, water professionals, attorneysÑwho need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.
Publisher: University of Arizona Press
ISBN: 9780816524556
Category : Social Science
Languages : en
Pages : 220
Book Description
Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rightsÑrights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims. Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for allÑtribal councils, legislators, water professionals, attorneysÑwho need a basic understanding of the complexities of the situation. The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases. As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.
Negotiating Reconciliation in Peacemaking
Author: Valerie Rosoux
Publisher: Springer
ISBN: 3319626744
Category : Political Science
Languages : en
Pages : 360
Book Description
This book offers a unique approach to reconciliation as a matter for negotiation, bringing together two bodies of theory in order to offer insights into resolving conflicts and achieving lasting peace. It argues that reconciliation should not be simply accepted as an ‘agreed-upon norm’ within peacemaking processes, but should receive serious attention from belligerents and peace-brokers seeking to end violent conflicts through negotiation. The book explores different meanings the term ‘reconciliation’ might hold for parties in conflict - the end of overt hostilities, a transformation in the quality of relations between warring groups, a vehicle of accountability and punishment of human rights abusers or the means through which they might somehow acquire amnesty, and as a means of atonement and to material reparation. It considers what gives energy to the idea of reconciliation in a conflict situation—why do belligerents become interested in settling their differences and changing their attitudes to one another? Using a range of case studies and thematic discussion, chapters in this book seek to tackle these tough questions from a multidisciplinary perspective. Contributions to the book reveal some of the complexities of national and international reconciliation projects, but particularly diverse understandings of reconciliation and how to achieve it. All conflicts reflect unique dynamics, aspirations and power realities. It is precisely because parties in conflict differ in expectations of reconciliation outcomes that its processes should be negotiated. This book is a valuable resource for both scholars and practitioners engaged in resolving conflicts and transforming fragmented relations in conflict and post-conflict situations.
Publisher: Springer
ISBN: 3319626744
Category : Political Science
Languages : en
Pages : 360
Book Description
This book offers a unique approach to reconciliation as a matter for negotiation, bringing together two bodies of theory in order to offer insights into resolving conflicts and achieving lasting peace. It argues that reconciliation should not be simply accepted as an ‘agreed-upon norm’ within peacemaking processes, but should receive serious attention from belligerents and peace-brokers seeking to end violent conflicts through negotiation. The book explores different meanings the term ‘reconciliation’ might hold for parties in conflict - the end of overt hostilities, a transformation in the quality of relations between warring groups, a vehicle of accountability and punishment of human rights abusers or the means through which they might somehow acquire amnesty, and as a means of atonement and to material reparation. It considers what gives energy to the idea of reconciliation in a conflict situation—why do belligerents become interested in settling their differences and changing their attitudes to one another? Using a range of case studies and thematic discussion, chapters in this book seek to tackle these tough questions from a multidisciplinary perspective. Contributions to the book reveal some of the complexities of national and international reconciliation projects, but particularly diverse understandings of reconciliation and how to achieve it. All conflicts reflect unique dynamics, aspirations and power realities. It is precisely because parties in conflict differ in expectations of reconciliation outcomes that its processes should be negotiated. This book is a valuable resource for both scholars and practitioners engaged in resolving conflicts and transforming fragmented relations in conflict and post-conflict situations.
Negotiating in a Complex World
Author: Michael Watkins
Publisher:
ISBN:
Category :
Languages : en
Pages : 56
Book Description
Drawing on the literatures on negotiation and conflict resolution and our research on international diplomacy, we propose an approach to understanding complexity in negotiation. Rejecting models of the process that are simplistic, sterile, and static, we argue that complexity is inherent and ubiquitous. In ten propositions and a conceptual framework, we lay out key dimensions of complexity and explore ways that skilled negotiators manage it. The propositions and framework focus attention on strategies negotiators employ to create and claim value, shape perceptions and learn, work within the existing structure and shape it, negotiate and mediate, and channel the flow of the process. We also highlight the importance of organizational learning in negotiation, noting that most negotiators manage multiple negotiations in parallel, and most organizations have many negotiators doing similar things.
Publisher:
ISBN:
Category :
Languages : en
Pages : 56
Book Description
Drawing on the literatures on negotiation and conflict resolution and our research on international diplomacy, we propose an approach to understanding complexity in negotiation. Rejecting models of the process that are simplistic, sterile, and static, we argue that complexity is inherent and ubiquitous. In ten propositions and a conceptual framework, we lay out key dimensions of complexity and explore ways that skilled negotiators manage it. The propositions and framework focus attention on strategies negotiators employ to create and claim value, shape perceptions and learn, work within the existing structure and shape it, negotiate and mediate, and channel the flow of the process. We also highlight the importance of organizational learning in negotiation, noting that most negotiators manage multiple negotiations in parallel, and most organizations have many negotiators doing similar things.
International Multilateral Negotiation
Author: I. William Zartman
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 284
Book Description
"In a single volume, a team of distinguished international scholars draws on a wide range of social science theory to explain the dynamics of bargaining and diplomacy when many parties and many issues are involved. Each contributor explores a different approach to reaching successful agreements among diverse governments, multinational corporations, and other international actors. To show how these approaches work in actual practice, the authors provide detailed analyses of two multilateral negotiations - the Uruguay round of negotiations under the General Agreement for Tariffs and Trade (GATT) and the negotiations leading to the Single European Act consolidating the European Community." "The increased length and frequency of such events as the GATT talks, the Rio Conference on Environment and Development (UNCED), and the Law of the Sea Conferences (UNCLOS) highlight the enormous challenges of complex negotiations among many competing interests. This work, sponsored by the International Institute for Applied Systems Analysis, offers the first comprehensive understanding of the intricate and complex process of multilateral negotiation." "The book provides the tools for analyzing and managing the complexities of multilateral negotiations including how the roots of conflict, the distribution of power, and specific patterns of resistance and cooperation affect all stages of negotiation; how game theory, multi-attribute utility models, and other practical tools can be used to chart interests and identify strategic trade-offs before negotiations; how negotiation is organization in action, applying the rules and culture of organizations to change through a cybernetic process; how insights into the way small groups function can help advance negotiations; why different modes of leadership are needed to diagnose multinational problems, clarify options, and develop feasible solutions; how and why coalitions are formed - and how they can prompt meaningful bargaining and help forge positive, lasting agreements."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 284
Book Description
"In a single volume, a team of distinguished international scholars draws on a wide range of social science theory to explain the dynamics of bargaining and diplomacy when many parties and many issues are involved. Each contributor explores a different approach to reaching successful agreements among diverse governments, multinational corporations, and other international actors. To show how these approaches work in actual practice, the authors provide detailed analyses of two multilateral negotiations - the Uruguay round of negotiations under the General Agreement for Tariffs and Trade (GATT) and the negotiations leading to the Single European Act consolidating the European Community." "The increased length and frequency of such events as the GATT talks, the Rio Conference on Environment and Development (UNCED), and the Law of the Sea Conferences (UNCLOS) highlight the enormous challenges of complex negotiations among many competing interests. This work, sponsored by the International Institute for Applied Systems Analysis, offers the first comprehensive understanding of the intricate and complex process of multilateral negotiation." "The book provides the tools for analyzing and managing the complexities of multilateral negotiations including how the roots of conflict, the distribution of power, and specific patterns of resistance and cooperation affect all stages of negotiation; how game theory, multi-attribute utility models, and other practical tools can be used to chart interests and identify strategic trade-offs before negotiations; how negotiation is organization in action, applying the rules and culture of organizations to change through a cybernetic process; how insights into the way small groups function can help advance negotiations; why different modes of leadership are needed to diagnose multinational problems, clarify options, and develop feasible solutions; how and why coalitions are formed - and how they can prompt meaningful bargaining and help forge positive, lasting agreements."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Beyond Winning
Author: Robert H. Mnookin
Publisher: Harvard University Press
ISBN: 0674504100
Category : Law
Languages : en
Pages : 369
Book Description
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.
Publisher: Harvard University Press
ISBN: 0674504100
Category : Law
Languages : en
Pages : 369
Book Description
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.