Enforcement or Negotiation presents a study of the development and operations of the federal Office of Surface Mining Reclamation and Enforcement during its first four years (1978-82), with special emphasis on the issue of regulatory enforcement. It examines the causes and consequences of the agency's change from an enforced compliance style of regulation toward a more discretionary negotiated compliance . The analysis is grounded in a variety of methods, including personal interviews, examination of archival data, and structured questionnaires. A comparative analysis of how the legislation was implemented differently in two regions of the United States demonstrates the crucial importance of local conditions on the implementation of regulatory mandates. The OSM's efforts to balance demands for equity and efficiency are documented, as well as the differences in oppositional strategies employed by large and small mining companies.
Leading authorities on negotiations present the result of years of research, application, testing and experimentation, and practical experience. Principles and applications from numerous disciplines are combined to create a conceptual framework for the hostage negotiator. Ideas and concepts are explained so that the practicing negotiator can apply the principles outlined.
Enforcement or Negotiation presents a study of the development and operations of the federal Office of Surface Mining Reclamation and Enforcement during its first four years (1978-82), with special emphasis on the issue of regulatory enforcement. It examines the causes and consequences of the agency's change from an enforced compliance style of regulation toward a more discretionary negotiated compliance . The analysis is grounded in a variety of methods, including personal interviews, examination of archival data, and structured questionnaires. A comparative analysis of how the legislation was implemented differently in two regions of the United States demonstrates the crucial importance of local conditions on the implementation of regulatory mandates. The OSM's efforts to balance demands for equity and efficiency are documented, as well as the differences in oppositional strategies employed by large and small mining companies.
This updated and expanded new edition emphasizesthe need for law enforcement and emergency service workers to handle critical incidents in a positive manner when encountering people in public crises. The book's focus is on the approaches, stratagems, difficult circumstances, and the ability to effectively advance the course of the negotiations in the best interests of all concerned. Active listening is presented in an enhanced form with several important objectives and innovations: (1) in addition to basic techniques, advanced techniques are taught to increase the range and variety of negotiator response; (2) the material is geared more specifically to law enforcement and emergency service officers; (3) several means of skills practice are offered to help the trainee become more comfortable and more proficient; (4) explanations, examples, and applications that make the material sensible, practical, and comprehensive; and finally (5) advanced techniques, drawn from many fields, allow both novices and experienced negotiators to find challenge and skills enhancement. As author Slatkin advises: 'Do each exercise thoroughly. Work closely with others in and outside of formal training settings and value the feedback you get so that you can hone your skills. Get to the other side of your unfamiliarity, awkwardness, and insecurity through practice. Make effective communication and active listening not just what you do when you negotiate but something you do in all aspects of your work and home life.' Written exercises and a role-play (with training scenarios) are included to help negotiators acquire and practice the basic communication techniques that appear in the book. This text will be of interest to all police and corrections agencies, fire and rescue emergency personnel, medical service personnel, and chaplains.
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
SEC Compliance and Enforcement Answer Book 2015 answers hundreds of real-world questions related to the nuances of unique SEC Enforcement procedure, and provides sophisticated insight on the complex and extensive body of federal securities laws. Edited by David M. Stuart (Cravath, Swaine and Moore LLP), this expert Q&A guide compiles the perspectives of leading practitioners from around the country who have previously served in the SEC Enforcement Division, many of whom were in some of the most senior positions in the Division. Leveraging the authors' experience and expertise, SEC Compliance and Enforcement Answer Book 2015 provides nuts and bolts guidance on: - Conducting an effective internal investigation - while the SEC is simultaneously investigating - Responding to SEC requests and subpoenas for documents, interviews, and testimony - Cooperating effectively with SEC staff - The Wells process, negotiating resolutions, and litigating with the SEC - The complexities that arise when criminal and international law enforcement authorities becomes involved in an SEC investigation Additionally, SEC Compliance and Enforcement Answer Book 2015 answers questions on insider trading, accounting and securities fraud, market manipulation and foreign corruption. The Q&A guide also tackles special issues related to investigations of attorneys, accountants, and those identified by whistleblowers.
We all want to get to yes, but what happens when the other person keeps saying no? How can you negotiate successfully with a stubborn boss, an irate customer, or a deceitful coworker? In Getting Past No, William Ury of Harvard Law School’s Program on Negotiation offers a proven breakthrough strategy for turning adversaries into negotiating partners. You’ll learn how to: • Stay in control under pressure • Defuse anger and hostility • Find out what the other side really wants • Counter dirty tricks • Use power to bring the other side back to the table • Reach agreements that satisfies both sides' needs Getting Past No is the state-of-the-art book on negotiation for the twenty-first century. It will help you deal with tough times, tough people, and tough negotiations. You don’t have to get mad or get even. Instead, you can get what you want!
The United States was once seen as a land of broad consensus and pragmatic politics. Sharp ideological differences were largely absent. But today politics in America is dominated by intense party polarization and limited agreement among legislative representatives on policy problems and solutions. Americans pride themselves on their community spirit, civic engagement, and dynamic society. Yet, as the editors of this volume argue, we are handicapped by our national political institutions, which often— but not always—stifle the popular desire for policy innovation and political reforms. Political Negotiation: A Handbook explores both the domestic and foreign political arenas to understand the problems of political negotiation. The editors and contributors share lessons from success stories and offer practical advice for overcoming polarization. In deliberative negotiation, the parties share information, link issues, and engage in joint problem solving. Only in this way can they discover and create possibilities, and use their collective intelligence for the good of citizens of both parties and for the country.
This fine blend of Harvard scholarship and seasoned judgment is really two books in one. The first develops a sophisticated approach to negotiation for executives, attorneys, diplomats -- indeed, for anyone who bargains or studies its challenges. The second offers a new and compelling vision of the successful manager: as a strong, often subtle negotiator, constantly shaping agreements and informal understandings throughout the complex web of relationships in an organization. Effective managers must be able to reach good formal accords such as contracts, out-of-court settlements, and joint venture agreements. Yet they also have to negotiate with others on whom they depend for results, resources, and authority. Whether getting fuller support from the marketing department, hammering out next year's budget, or winning the approval for a new line of business, managers must be adept at advantageously working out and modifying understandings, resolving disputes, and finding mutual gains where interests and perceptions conflict. In such situations, The Manager as Negotiator shows how to creatively further the totality of one's interests, including important relationships -- in a way that Richard Walton, Harvard Business School Professor of Organizational Behavior, describes as "sensitive to the nuances of negotiating in organizations" and "relentless and skillful in making systematic sense of the process." This book differs fundamentally from the recent spate of negotiation handbooks that tend to espouse one of two approaches: the competitive ("Get yours and most of theirs, too") or the cooperative ("Everyone can always win"). Transcending such cynical and naive views, the authors develop a comprehensive approach, based on strategies and tactics for productively managing the tension between the cooperation and competition that are both inherent in bargaining. Based on the authors' extensive experience with hundreds of cases, and peppered with a number of wide-ranging examples, The Manager as Negotiator will be invaluable to novice and experienced negotiators, public and private managers, academics, and anyone who needs to know the state of the art in this important field.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
