Skills & Values: Legal Negotiating 4th Edition by Charles Craver, ISBN-13: 978-1531017811

Description

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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