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Negotiation

During your professional life as a practicing attorney, you will be working on behalf of your clients to resolve their legal disputes or conflicts with others, the majority of which will not end in litigation in a courtroom. Rather than litigate, you will negotiate! Negotiating on behalf of your clients to resolve disputes is considered a form of alternative dispute resolution. The other major forms of alternative dispute resolution are mediation and arbitration.

To enhance your knowledge and skills of alternative dispute resolution in general and negotiation in particular, the Law Library offers various resources for you to consult. There are books and periodical articles authored by scholars and practitioners that offer insight into the negotiation process, techniques, and ethics. In addition to the print resources, various databases on Westlaw and LexisNexis contain some information on negotiation within the broad topic of alternative dispute resolution. This TimeSaver is a guide to selected resources for negotiation. To locate publications on this and related alternative dispute resolution topics which are not included in this TimeSaver, search the Law Library’s WebCatalog by author, title, advanced keyword or the subjects: Dispute Resolution (Law) United States, Conflict Management, Mediation United States, or Negotiation United States. For a guide to selected resources for mediation available through the Law Library, consult TimeSaver "Mediation: Selected Resources."

BOOKS

Craver, Charles B., Effective Legal Negotiation and Settlement (6th ed. 2009). KF9084 .C7 2009

Book CoverChapters within this comprehensive text authored by Professor Craver include basic factors affecting negotiation, verbal and nonverbal communication, establishing limits and goals for negotiation, establishing negotiator identities and tone for interaction, the information stage (value creation), the competitive/distributive stage (value claiming), the closing stage (value solidifying), the cooperative/integrative stage (value maximizing), negotiating games and techniques, post negotiation assessment, frequently raised negotiation issues, psychological entrapment, impact of ethnicity and gender, international negotiations, mediation/assisted negotiation, and negotiation ethics.

Craver, Charles B., The Intelligent Negotiator: What to Say, What to Do, and How to Get What You Want--Every Time (2002). KF9084 .C73 2002

Book CoverUsing various examples, Professor Craver discusses negotiating styles and techniques, preparing to negotiate, building a rapport and setting the tone. He describes the four stages of negotiation: the information exchange, the distributive stage, the closing stage, and the cooperative stage. Included is a Negotiation Preparation Checklist.

Colosi, Thomas R., On and Off the Record: Colosi on Negotiation (2d ed. 2001). KF9084 .C65 2001

Book CoverThe author explains the process, structure and management of negotiation. The appendices consist of a time line management checklist; list of considerations for a mediator stepping into the negotiation process; styles of persuasion; the iceberg principle: secrecy in negotiation; skills, responsibilities, and tasks of the negotiator; and, the author’s 10 Commandments of Negotiation.

Cooley, John W., Creative Problem Solver’s Handbook for Negotiators and Mediators: a Pracademic Approach (2005-). KF9084 .C586 2005 -

Volume One has an eclectic offering of ideas from the literature on creative problem solving. Volume Two consists of contributions by practitioners about the creative problem solving techniques and tools that they have found to be effective in negotiation and mediation.

Donner, Ted A. and Brian L. Crowe, Attorney’s Practice Guide to Negotiations (2d ed. 1995 -). KF9084 .D66

Practitioner-oriented guide with experts authoring chapters on conducting negotiations in their subject area of expertise.

Fisher, Roger and William Ury with Bruce Patton, ed., Getting to Yes: Negotiating Agreement Without Giving In (2d ed. 1991). K2390 .F57 1991

Book CoverThis is the second edition of the authors’1981 seminal book on using interest-based negotiation techniques. In this text, the authors suggest practical methods for negotiating agreement amicably without giving in. They describe how to separate the people from the problem, focus on interests and not on positions, invent options for mutual gain, and insist on using objective criteria. They give advice to those negotiating with others who are more powerful, won’t play or use dirty tricks. In Part V, they provide questions and answers to the ten questions people ask about Getting to Yes.

Herman, G. Nicholas et al., Legal Counseling and Negotiating: A Practical Approach (2001). KF311 .H47 2001

Book CoverNegotiation is the subject of Part II. There are chapters on the various approaches to negotiation; negotiating models, strategies and styles; ethical considerations in negotiation and settlement; negotiating tactics and techniques; valuing cases for negotiation and settlement; preparing for negotiation, negotiating in writing, over the telephone and in person; negotiating during civil litigation and mediation; cross-cultural negotiations and, negotiating between genders.

Menkel-Meadow, Carrie and Michael Wheeler, eds., What’s Fair: Ethics for Negotiators (2004). KF9084.Z9 W493 2004

Book CoverThis text is a publication of the Program on Negotiation at Harvard Law School and contains contributions from practitioners and scholars on five major ethical issues in negotiation. These issues are truth-telling in negotiations, bargaining tactics, negotiating relationships, negotiation and agents, and social influences and impacts.

Mnookin, Robert H. et al., Beyond Winning: Negotiating to Create Value in Deals and Disputes (2000). K2400 .M66 2000

Book CoverIn Part I, the author discusses the tension between creating and distributing value and the tension between empathy and assertiveness. Part II addresses the challenges for lawyers in terms of dispute resolution and deal-making. In Part III, the author proposes a problem solving approach to negotiations, covering the dynamics of the negotiator behind the table and across the table and offering advice for resolving disputes and making deals. Part IV covers special issues such as professional and ethical dilemmas and negotiations with organizations and multiple parties.

Nelkin, Melissa L., Negotiation: Theory and Practice (2007). KF9084 .N451 2007.

Book CoverTopics in this publication are distributive and integrative bargaining, psychological aspects of negotiation, the role of culture and gender in negotiation, the lawyer-client relationship, ethical issues in negotiation, the role of mediation in negotiation, and multiparty negotiation.

Schneider, Andrea Kupfer and Christopher Honeyman, eds., The Negotiator’s Fieldbook: The Desk Reference for the Experienced Negotiator (2006). KF9084 .N436 2006

Book CoverEssays on various aspects of negotiation by scholars and practitioners. An abstract of each essay is provided.

 

Ury, William, Getting Past No: Negotiating Your Way from Confrontation to Cooperation (Rev. ed. 1993). KF9084 .U79 1993

Book CoverThe co-author of Getting to Yes provides a quick read of techniques for conducting successful negotiations in difficult situations with difficult people.

 

DATABASES

LexisNexis

Search for cases, statutes, treatises, forms, law review articles, and news in addition to other materials.

Westlaw

Categories are: Cases; Statutes & Legislative Materials; Administrative Materials; ADR Directories; Journals & Law Reviews; Forms, Treatises and other Practice Materials; and Legal Newspapers, Newsletters and Current Materials.

PERIODICALS

The following periodicals publish articles in the area of mediation. Use the Law Journal Finder to determine availability of these and other legal periodicals on HeinOnline, LexisNexis, Westlaw, or other Law Library subscription databases.

Harvard Negotiation Law Review

Articles discuss negotiation as it relates to law and legal institutions.

Journal of Dispute Resolution

Published in conjunction with the Center for Dispute Resolution.

Ohio State Journal on Dispute Resolution

Published in cooperation with the ABA Section of Dispute Resolution.

Updated January, 2011