Negotiation Theory and Strategy / Edition 1

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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
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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

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
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