Negotiation

Author: Michael Leathes
Publisher: Kluwer Law International
ISBN: 904116734X
Release Date: 2017-03-15
Genre: Law

Written by internal counsel, for internal counsel: clear, concise and inspirational. Personifies that the "benefit of the bargain" is not simply a game of numbers. Ute Joas Quinn, Associate General Counsel Exploration and Production, Hess Corporation Spot on! A user-friendly book that I was using before I reached the end. It made me think more creatively about all my negotiations to come. A must-read for every current and future in-house counsel. Cyril Dumoulin, Senior Legal Counsel Global Litigation, Shell International A lively, entertaining work. A multi-faceted approach to the art of negotiation. A convincing demonstration of what it is about and how it actually works. Isabelle Hautot, General Counsel International Expertise, Orange Telecom A clear and most comprehensive, not to mention, practical, book on negotiation. I picked it up and could not put it down. Wolf Von Kumberg, former Associate General Counsel and European Legal Director, Northrop Grumman Corporation; Chairman of the Board of Management, Chartered Institute of Arbitrators; Director, American Arbitration Association; Member, ArbDB It has been such a pleasure to read what is destined to inspire in-house counsel and many others for negotiating deals and settlements. It covers the landscape from both theoretical and practical angles. I found myself nodding in recognition and agreement all along the way. Leslie Mooyaart, former General Counsel, KLM Royal Dutch Airlines; former Vice President and General Counsel, APM Terminals (M�rsk); Chairman, The New Resolution Group

Lawyer Negotiation

Author: Jay Folberg
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454876014
Release Date: 2016-03-20
Genre: Law

Designed to prepare law students to negotiate knowledgeably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Third Edition, features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A very readable, interesting, and lively text for any law school Negotiation course, this book reflects the authors' experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems and provocative questions throughout the text raise practical negotiation challenges and policy issues. Excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques, and eliminating the need for supplemental material. In addition, examples are included from cases, literature, and the authors' files. Key Features: Retains the same popular format as previous editions while incorporating user recommendations. Updated and new excerpts from leading experts presenting different views on practice challenges. Fresh notes and examples. Additional coverage on causes of conflict, heuristics, the role of emotions, and decision science. New material on telephone, email, and cyber negotiation More helpful advice for effectively representing clients and negotiating in mediation

Skills Values Legal Negotiating

Author: Charles B. Craver
Publisher: LexisNexis
ISBN: 9780327183259
Release Date: 2012-08-03
Genre: Law

Skills & Values: Legal Negotiating is one of the first titles in the new Skills & Values Series. The books in this new series are designed to enable professors to assign supplementary practice-oriented material to enrich their students' traditional study. Each book in the series includes robust online content that is delivered through Web Courses. The content for the Teacher's Manual is also posted to the supporting Web Course. The online components of these books add an exciting dimension because they are designed to teach the current media-saturated generation of students in ways that are more effective for them. Skills & Values: Legal Negotiating is designed to demonstrate how individuals actually negotiate. Coverage addresses: • Different stages of the negotiation process; • The various negotiation techniques students are likely to encounter in practice; • Impact of negotiator styles on bargaining interactions; • Importance of nonverbal communication; • Ways in which gender-based stereotypes may affect bargaining encounters; • The unique aspects of telephone and e-mail interactions; • International business and human rights negotiations; • Multi-party interactions; • Ethical issues negotiators are likely to encounter; and • Mediation. It thus makes it easy for negotiation students to comprehend how bargaining interactions develop and to appreciate the different factors that affect those encounters. The materials are designed to allow students to self-assess, thus enhancing the learning experience while allowing professors maximum flexibility to choose the level of their own engagement

Client Science

Author: Marjorie Corman Aaron
Publisher: Oxford University Press
ISBN: 9780199970858
Release Date: 2012-05-04
Genre: Law

Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.

Dirty Little Secrets of Personal Injury Claims

Author: Terry Ann Lato
Publisher: BookBaby
ISBN: 9781483526836
Release Date: 2014-04-22
Genre: Law

This instructional guide has been designed to aid a person in pursuing their own rights and recovery against an insurance carrier, workman's compensation or third party administrator or a self-insured entity, and to do so completely successfully. Many people do NOT wish to give away 1/3 to 1/2 of their overall settlement to attorneys, when they realize that many attorneys are acting as essentially "insurance adjusters" for the entire front half of their respective claims (where most settle). Only IF and WHEN a matter actually proceeds to litigation do they feel they need to spend the extra money on an attorney. The reality is, many people can, and hundreds of thousands every year DO, handle their own injury claims. This instructional guide is designed to help these people navigate this process and to do so recovering and KEEPING as much of their settlement as possible. As is indicated in the guide, being completely successful at personal injury claims is as much what one does, as what one DOES NOT do (analogous to "stepping on land mines"). This guide delves deeply into both, helping to instruct WHAT to do, and just as importantly, what NOT TO DO! Further, virtually NO "legal help" books out there (and frankly, very few attorneys) delve into a VERY IMPORTANT [actually, CRITICAL] part of the claim; that of the "back end" of the claim. Whereas the "front end" of the claim can be considered where the claim is put together and successfully negotiated with an insurance company (and many people stop there, including attorneys) -- this is only HALF of the process. The "back end" is an absolutely missed potential for economic benefit by both attorneys and lay people; as just as important as it is to OBTAIN money from an insurance company; it is EQUALLY important to retain and hang on to as much of that money as possible. Personal injury claims by their very nature have extensive medical COSTS! This eats up much (some times the greatest majority) of a settlement. This instructional guide shows not only where and HOW to negotiate medical billings, but importantly, HOW TO STRUCTURE insurance or a lien in a way MOST advantageous to you. This gives vital information on how to structure medical insurance, medical payments coverage on auto or other policies, in such a way as to maximize what you keep from your recovery. Just as importantly, this guide delves into the vital area of SUBROGATION; a likewise often ignored [many people do not even REALIZE that they will owe repayment to certain insurance companies when settling from other, third party carriers] an underutilized area and strategy to put MORE MONEY IN YOUR POCKET from your insurance settlement. This instructional guide covers virtually every facet of dealing with an insurance company, from the overall strategy in handling the claim, to helping compel a settlement from reluctant or resistant insurance adjusters and managers. There are techniques for involving the management; WHY AND WHEN you would want to do this, to help you avoid years long litigation and get your SETTLEMENT MONEY NOW! Further, this guide goes into insurance company defenses and "hot buttons" which cause your claim to be scrutinized more closely. This discusses how insurance companies EVALUATE claims, their use of the COLOSSAL claim evaluating software, their big push against M.I.S.T. claims (minor impact claims) and how they force nearly ALL of these into litigation -- as well as ways to avoid this. This guide is simply a WEALTH of information, gleaned from decades in the business and now can be YOURS for your use in a claim. Frankly, this is EXCELLENT reference material for ANY PERSON as it gives priceless information to help when and if you or a loved one is involved in an injury case. This is excellent information to have BEFOREHAND, and would make you that much more formidable to deal with; having this information already from the first day of your injury claim.

Qualitative Approaches to Criminal Justice

Author: Mark Pogrebin
Publisher: SAGE
ISBN: 0761926038
Release Date: 2002-10-22
Genre: Law

This is one of the first books to focus on the use of qualitative research in each component of the criminal justice system. It provides varied examples of qualitative research methods applications for the study and analysis of the field. Each of the book's chapters has an overview that discusses the qualitative method used by the different authors, with brief commentaries that analyse the research techniques. The articles selected for this anthology explore professionals' experiences in the criminal justice system.

Negotiating Business Transactions

Author: Daniel D. Bradlow
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454838388
Release Date: 2014-12-09
Genre: Law

The only offering of its kind, Negotiating Business Transactions: An Extended Simulation Course contains facts and contextual materials, negotiating instructions for each side, and background readings on all aspects of the transaction. The text is an introduction to both negotiations and transactional legal practice, and meets the ABA practical skills requirements. By bringing a business deal into the classroom, the text helps students study objectives, structures, and strategies and learn by doing in a setting where mistakes become lessons--not malpractice. The text enables students to develop negotiating and drafting skills as they experience the ""real time"" challenges of negotiating deals. Students explore the interaction between business and legal issues in the context of structuring those deals. Then, they can apply what they have learned to produce a solution that meets the client's objectives and is acceptable to the counterparty. Finally, by understanding the social and environmental impacts of business transactions, students can more fully explore issues of professional responsibility in negotiations. Student response has been consistently and overwhelmingly positive. Features: meets ABA practical skills requirements contains simulation materials facts and contextual materials negotiating instructions for each side background readings on all aspects of the transaction introduction to both negotiations and transactional legal practice brings a business deal into the classroom to study objectives, structures and strategies an opportunity to learn by doing in a setting where mistakes are lessons, not malpractice enables students to: experience the ""real time"" challenges of negotiating a business deal explore the interaction between business and legal issues in the context of negotiating and structuring a business deal apply legal knowledge to produce a business solution that meets the client's objectives and is acceptable to the counterparty develop negotiating and drafting skills understand the social and environmental impacts of business transactions examine professional responsibility issues in negotiations student response is consistently and overwhelmingly positive syllabus alternative class formats sample lecture outlines for issues raised by the simulation sample PowerPoint slides debriefing issues

Plea Bargaining

Author: Milton Heumann
Publisher: University of Chicago Press
ISBN: 0226331881
Release Date: 1981-08-15
Genre: Political Science

"That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review

Anatomy of a Merger

Author: James C. Freund
Publisher: Law Journal Press
ISBN: 1588520005
Release Date: 1975
Genre: Law

Anatomy of a Merger is a guide to handling a corporate acquisition negotiation successfully. Topics include the basic acquisition agreement; bargaining techniques applicable to substantive issues, and more.