Overview

Most lawyers, whatever their field of practice, ngeotiate with others to get their job done. Many lawyers will be involved in the legal negotiations that are an inevitable part of the litigation process. Negotiation skills are, therefore, a vital part of a lawyer's repertoire. Negotiating is a complex and challenging intellectual activity. It takes considerable skill and experience to get what you want from the different stuations where negotiation skills are called for. Internationally, it is recognized that negotiation skills can be taught, can be learned and can be developed. This manual gives the reader a thorough grounding in the theory of negotiation. It includes material on the different contexts and types of negotiation, the different bargaining strategies and tactics that can be used, the various techniques of persuasion, as well as insight into the different cognitive influences that can affect how people negotiate. Also included are practical chapters covering the basic methods of preparation that are required in order to negotiate successfully, including a detailed analysis of the negotiation process itself. There is helpful information on how to conclude a negotiation and the different methods of recording settlement terms, as well as coverage of some of the ethical considerations involved in legal negotiations. With coverage of the theory and the practice of negotiation, this manual provides a comprehensive guide to those who use negotiation skills in their work.

Full Product Details

Author:   Inns of Court School of Law
Publisher:   Oxford University Press
Imprint:   Blackstone Press Ltd
ISBN:  

9781854315670

ISBN 10:   1854315676
Pages:   198
Publication Date:   01 October 1996
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Replaced By:   9781854316714
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

"Part 1 Introduction to negotiation: the importance of negotiation skills; learning negotiation skills. Part 2 The essentials of negotiation; what does negotiation mean?; types of negotiation; issues to be negotiated; the negotiation process. Part 3 Legal negotiations: generally; why cases settle; negotiations by solicitors and barristers; the role and influence of the lay client; ""without prejudice"" negotiations; effective legal negotiators. Part 4 Strategy and style: strategy overview; competitive strategy; competitive strategy; co-operative; collaborative/principled/ problem-solving; choosing a strategy; the big questions; summary. Part 5 Tactics and techniques: specific tactics; dubious tactics; general attitude/preparation for tactics; dealing with deadlock/failure to move; other problems; techniques for getting past no. Part 6 Cognitive influences: human influence and the role of emotion; expectations and perceptions; the self-fulfilling prophecy; selective perception; concessions and psychological influences; reciprocal behaviour; not coping; communication skills. Part 7 Persuasion: the use of argument; other persuasion techniques. Part 8 Ethics of negotiation: the opponent; the lay client; the professional client; the court; problems. Part 9 Preparation and strategic planning: what should preparation and strategic planning cover?; putting the negotiation into context; analyzing the brief; acting within instructions; identifying and prioritizing the objectives of the client; identifying the issues in the case; preparing to deal with factual issues; preparing to deal with legal issues; anticipate your opponent's case; strategic planning for the outcome of the negotiation; other factors in the strategic planning; preparing a written plan; sample written plans; checklist for preparation. Part 10 Conducting a negotiation - making the most effective use of the process. Part 11 Recording and enforcing a negotiated agreement. Part 12 Appropriate dispute resolution. Part 13 Assessment of negotiation skills. Part 14 Sample exercise."

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