Negotiation Theory and Strategy / Edition 1

Hardcover (Print)
Used and New from Other Sellers
Used and New from Other Sellers
from $19.99
Usually ships in 1-2 business days
(Save 81%)
Other sellers (Hardcover)
  • All (12) from $19.99   
  • New (3) from $36.55   
  • Used (9) from $19.99   
Close
Sort by
Page 1 of 1
Showing All
Note: Marketplace items are not eligible for any BN.com coupons and promotions
$36.55
Seller since 2015

Feedback rating:

(33)

Condition:

New — never opened or used in original packaging.

Like New — packaging may have been opened. A "Like New" item is suitable to give as a gift.

Very Good — may have minor signs of wear on packaging but item works perfectly and has no damage.

Good — item is in good condition but packaging may have signs of shelf wear/aging or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Acceptable — item is in working order but may show signs of wear such as scratches or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Used — An item that has been opened and may show signs of wear. All specific defects should be noted in the Comments section associated with each item.

Refurbished — A used item that has been renewed or updated and verified to be in proper working condition. Not necessarily completed by the original manufacturer.

New
Ships today or the next business day. Brand New. 27-23.

Ships from: Emeryville, CA

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
  • Express, 48 States
  • Express (AK, HI)
$112.21
Seller since 2008

Feedback rating:

(203)

Condition: New

Ships from: Chicago, IL

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
$115.00
Seller since 2015

Feedback rating:

(214)

Condition: New
Brand new.

Ships from: acton, MA

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
Page 1 of 1
Showing All
Close
Sort by

Overview

This book is an ideal text for a 2,3, or 4-unit Negotiation course or clinic or for an ADR course with a substantial negotiation component. This concise, interdisciplinary work draws on the social sciences as well as cutting-edge legal scholarship and traditional legal sources to create an analytical framework for understanding and applying negotiation strategy.

After a stage-setting introduction, the book progresses through units on:

  • The Structure of Negotiation
  • The Negotiator
  • Additional Parties
  • The Law of Negotiation

Examine Negotiation Theory and Practice, you will find the book offers:

  • an interdisciplinary approach to the study of negotiation theory drawing on law, psychology, economics, and sociology
  • a combination of excerpted readings, narrative text, note material elaborating on and developing points made in the readings, and discussion questions and problems accompanying each chapter
  • excerpts from leading negotiation scholars including Fisher & Ury, Lax & Sebenius, Schelling, Mnookin, Menkel-Meadow, Riskin, Shell, Craver, and Gilson
  • comprehensive coverage of the law of negotiation including misrepresentation and rules governing litigation settlement
  • a clear, approachable writing style that makes generous use of examples and hypotheticals
Read More Show Less

Product Details

  • ISBN-13: 9780735527706
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 3/28/2002
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 493
  • Product dimensions: 6.40 (w) x 9.40 (h) x 1.30 (d)

Table of Contents

Preface
Acknowledgments
Pt. I Introduction 1
Ch. 1 Toward a Conceptual Approach to Negotiation 7
A The Steps of Negotiation: An Overview 7
B Conceptual Models of Negotiation 16
Toward Another View of Legal Negotiation: The Structure of Problem-Solving 17
A Positive Theory of Legal Negotiation 21
Why Negotiations Fail: An Exploration of Barriers to the Resolution of Conflict 26
Pt. II The Structure of Negotiation 33
Ch. 2 Estimating the Bargaining Zone 37
A BATNAs and Reservation Prices 37
A Positive Theory of Legal Negotiation 37
B Calculating Reservation Prices: A Prescriptive Approach 43
C Aspirations 57
Bargaining for Advantage: Negotiation Strategies for Reasonable People 58
Ch. 3 Psychological Factors in Evaluating Alternatives 63
A Risk Preference and the Framing Effect 68
Gains, Losses, and the Psychology of Litigation 69
B The Endowment Effect and the Status Quo Bias 76
Experimental Tests of the Endowment Effect and the Coase Theorem 76
Inertia and Preference in Contract Negotiation: The Psychological Power of Default Rules and Form Terms 81
C Anchoring 87
Psychological Barriers to Litigation Settlement: An Experimental Approach 88
D Overconfidence and the Self-Serving Bias 94
Self-Serving Assessments of Fairness and Pretrial Bargaining 95
E Reactive Devaluation 102
Reactive Devaluation in Negotiation and Conflict Resolution 103
Ch. 4 Integrative Bargaining 111
A Expanding the Bargaining Zone 111
The Manager as Negotiator 115
The Limits of Integrative Bargaining 121
B Strategies for Reaching Integrative Agreements 129
Ch. 5 Power 149
A Changing the Bargaining Zone 152
B Manipulating Perceptions of the Bargaining Zone 156
A Positive Theory of Legal Negotiation 157
C Commitments 163
The Strategy of Conflict 165
D Patience 171
Ch. 6 Fair Division and Related Social Norms 183
A The Reciprocity Norm 184
Influence: Science and Practice 185
B Convention 195
Fairness as a Constraint on Profit Seeking: Entitlements in the Market 196
Getting to Yes 203
Notes on the Bedouin Horse Trade or "Why Won't the Market Clear, Daddy?" 205
C Norms of Distributive Justice 209
Pt. III The Negotiator 221
Ch. 7 The Negotiator's Dilemma 223
A The Prisoner's Dilemma as Metaphor 224
The Evolution of Cooperation 225
B Coping with the Negotiator's Dilemma 233
The Ethics of Lying in Negotiation 233
The Manager as Negotiator 235
Ch. 8 Conflict Style 243
A Cooperation versus Competition 244
Legal Negotiation and Settlement 244
B Empathy versus Assertiveness 250
The Tension Between Empathy and Assertiveness 250
Ch. 9 Group Membership 257
A Gender 258
Gender, Risk Taking, and Negotiation Performance 258
In a Different Voice: Psychological Theory and Women's Development 262
B Culture 270
Culture and Negotiation 273
Making Deals in Strange Places: A Beginner's Guide to International Business Negotiations 279
Culture and Negotiator Cognition: Judgment Accuracy and Negotiation Processes in Individualistic and Collectivistic Cultures 282
Pt. IV Additional Parties 293
Ch. 10 The Principal-Agent Relationship 295
A The Benefits of Lawyer-Agents 295
Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation 298
Value Creation by Business Lawyers: Legal Skills and Asset Pricing 303
B The Principal-Agent Tension 310
Evans v. Jeff D. 313
Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer 316
Ch. 11 Multilateral Negotiations 329
A Coalitions and Negotiating Power 329
B Fair Division 334
C Identifying the Bargaining Zone 336
Legal Negotiation: Theory and Applications 336
Ch. 12 The Use of Mediation in Negotiation 343
A The Potential Benefits of Mediation 345
B Mediator Strategies 356
Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed 357
The Caucus: Private Meetings That Promote Settlement 365
Pt. V The Law of Negotiation 375
Ch. 13 Misrepresentation 377
A Representations about the Negotiation's Subject Matter: Vulcan Metals Co. Inv. v. Simmons Manufacturing Co., Inc. 379
B Representations Related to the Speaker's Reservation Price: Kabatchnick v. Hanover-Elm Building Corp. 385
C Nondisclosure: Swinton v. Whitinsville Savings Bank 390
Nondisclosure: Weintraub v. Krobatsch 391
D Sanctions for Misrepresentation: Cresswell v. Sullivan & Cromwell 396
E Misrepresenting the Objective: "Bad Faith" Negotiation: Venture Associates Corp. v. Zenith Data Systems Corp. 400
F The Ethics of Misrepresentation 405
Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation 405
Negotiation Ethics: How to Be Deceptive Without Being Dishonest/How to Be Assertive Without Being Offensive 406
The Ethics of Lying in Negotiations 409
Moral Truthseeking and the Virtuous Negotiator 411
Ch. 14 Rules Encouraging Litigation Settlement 417
A Fee Shifting and "Offer of Settlement" Rules 418
From "Loser Pays" to Modified Offer of Judgment Rules: Reconciling Incentives to Settle with Access to Justice 419
B Judicial Settlement Conferences: In re Novak 427
Judicial Settlement Conferences: Nick v. Morgan's Foods, Inc. 434
C Inadmissibility of Settlement Negotiations: Thomas v. Resort Health Related Facility 441
Inadmissibility of Settlement Negotiations: Affiliated Manufacturers, Inc. v. Aluminum Co. of America 443
Ch. 15 Limitations on Settlement 451
A Judicial Review of Settlements 452
1 Power Imbalances: Lewis v. Lewis 452
2 Principal-Agent Conflicts: Mars Steel Corp. v. Continental Illinois National Bank 454
3 Protecting the Public Interest: United States v. Microsoft Corp. 459
B Settlement in Multiple-Defendant Litigation: Elbaor v. Smith 464
Table of Cases 469
Collected References 471
Index 479
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)