The Lawyer's Guide to Negotiation

The Lawyer's Guide to Negotiation

Author: Xavier M. Frascogna

Publisher: American Bar Association

Published: 2009

Total Pages: 260

ISBN-13: 9781604425789

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Chronicles the efforts of the men and women who dedicated their lives to protecting the United States' natural heritage and includes step-by-step instructions on how to build a birdfeeder, conduct a water quality survey, start a compost pile and more. Original.


Lawyer Negotiation

Lawyer Negotiation

Author: Jay Folberg

Publisher: Aspen Publishing

Published: 2021-09-14

Total Pages: 306

ISBN-13: 1543846521

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, 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, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included. New to the Fourth Edition: Fresh material and perspective benefiting from a new co-author Each chapter has been updated with new insights and examples More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques Streamlined presentation of outside excerpts Greater coverage of distance negotiation, including email and remote contexts Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning Professors and student will benefit from: Step-by-step organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients as negotiators Practice-based approach which helps students apply the concepts Exercises and accompanying role-plays that facilitate classroom discussion Assessment tools to aid in student learning and understanding Videos that show experienced lawyers, negotiators, and mediators performing role plays


Negotiation Essentials for Lawyers

Negotiation Essentials for Lawyers

Author: Andrea Kupfer Schneider

Publisher: American Bar Association

Published: 2019

Total Pages: 0

ISBN-13: 9781641054805

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This practical, easy-to-use guide is designed to help you figure out quickly what went wrong in yesterday's meetings, and how to fix it in tomorrow's follow-up. Each chapter starts with a brief introduction, followed by a standard section, Why This Concept Might Change Your Thinking. There, the author explains succinctly why their body of work might be useful specifically for lawyers. After that, each chapter has a section called Action Plan--What You Can Do Differently Tomorrow in which each author outlines specific steps you can take in your next negotiation. No other book comes close to this level of help for a lawyer facing a typical or even downright strange negotiating problem. This guide contains everything you need to know about negotiating in one compact volume.


The Final Hurdle

The Final Hurdle

Author: Dennis Hursh

Publisher: Advantage Media Group

Published: 2012-05-15

Total Pages: 125

ISBN-13: 1599323133

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Get Your Career Off on the Right Track! Everything Physicians Need to Know About Employment Contracts COMPENSATION AND BENEFITS *Dangers of productivity compensation *Common incentive compensation formulas - what needs to be included *Benefits to look out for in addition to your compensation *How to determine if you are "disabled," and how the employer should NOTbe able to make this determination *What the employer can, and can't negotiate as far as benefits *Stark law traps, and how to avoid them RESTRICTIVE COVENANTS *What's really important in restrictive covenants, and what isn't worth negotiating over *Minimizing the impact of a restrictive covenant *How you can be released from a restrictive covenant *Negotiation strategies in buy-outs of restrictive covenants CALL COVERAGE *The language you must have DEFINING WHAT IS EXPECTED OF YOU *Patient contact hours expectations *What flexibility an employer will demand THE TERM OF THE AGREEMENT *Issues with hospital and managed care credentialing, and how to work around them *Grounds for termination *"Without cause" termination issues OTHER ISSUES IN AGREEMENTS TO WATCH OUT FOR *Medical record issues *Assignment of location of service *Budgetary weasel language to avoid *Malpractice issues in common provisions MALPRACTICE INSURANCE *The types of coverage, and the significance when you leave *Need for "tail coverage" *How to minimize the devastating cost of "tail coverage" PRIVATE PRACTICE ISSUES *Time to ownership *Concerns with "guaranteed" ownership *Costs of the buy-in *Methodologies for determining the buy-in, and the pros and cons of each *Why a cheap buy-in may not be in your best interest *What provisions are absolutely vital in regard to future ownership


Getting to Yes

Getting to Yes

Author: Roger Fisher

Publisher: Houghton Mifflin Harcourt

Published: 1991

Total Pages: 242

ISBN-13: 9780395631249

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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.


Understanding and Negotiating Construction Contracts

Understanding and Negotiating Construction Contracts

Author: Kit Werremeyer

Publisher: John Wiley & Sons

Published: 2023-07-19

Total Pages: 390

ISBN-13: 1394150202

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Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.


Beyond Winning

Beyond Winning

Author: Robert H. Mnookin

Publisher: Harvard University Press

Published: 2004-04-15

Total Pages: 369

ISBN-13: 0674504100

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Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.


The Five Tool Negotiator: The Complete Guide to Bargaining Success

The Five Tool Negotiator: The Complete Guide to Bargaining Success

Author: Russell Korobkin

Publisher: Liveright Publishing

Published: 2021-04-06

Total Pages: 250

ISBN-13: 1631490214

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"A must-read for lawyers, business people, and other professionals wanting helpful negotiation advice." -Robert Mnookin, author of Bargaining with the Devil: When to Negotiate, When to Fight "As social creatures, we are always trying to influence each other. Russell Korobkin’s book lays out five techniques that anyone can use to ensure you get what you want and leave enough on the table so others win, too. The book moves quickly, is full of examples, and provides step-by-step actionable instructions to help you negotiate anything. Everyone needs this book." -Paul J. Zak, author of Trust Factor: The Science of Creating High-Performance Companies From leading negotiation expert Russell Korobkin comes this revelatory guide that distills the keys to bargaining into five simple-yet-sophisticated tools that anyone can master. The Five Tool Negotiator stands apart in a category saturated with breezy, self-help volumes as a compulsively readable and highly researched must-have for anyone looking to improve their bargaining skills. Nationally renowned UCLA law professor Russell Korobkin distills insights drawn from his decades of studying and teaching the keys to successful negotiations into five simple-yet-sophisticated strategies: Bargaining Zone Analysis * Persuasion * Deal Design * Power * and Fairness Norms. Incorporating lively anecdotes and fascinating social science experiments, Korobkin brings to life concepts from the disparate fields of psychology, economics, and game theory. Designed for use at both the flea market and in the C-suite, this game-changing, universal approach provides a formula that a savvy reader can implement immediately: · Tool #1, Bargaining Zone Analysis, enables you to identify the range of agreements that will benefit both parties. · Tool #2, Persuasion, convinces your counterpart that reaching an agreement will benefit them more than they otherwise would have recognized, making them willing to give you more. · Tool #3, Deal Design, structures the agreement in ways that increase its value to both parties. · Tool #4, Power, forces your counterpart to agree to terms relatively more desirable to you. · Tool #5, Fairness Norms, enables you to seal a bargain that both parties can feel good about. From negotiating the price of a used car to closing a multimillion-dollar merger, Korobkin meticulously explains how to answer the following questions that arise in every negotiation: Should you make the first offer or let the other side go first? What makes some proposals seem more fair than others? How do you decide whether to accept an offer, reject it, or make a counteroffer? When should you propose an unusual agreement structure? What steps can you take to make a bluff believable? Readers will come away with a roadmap to becoming a truly complete negotiator, able to understand bargaining as both a strategic and social activity. Intuitively accessible and reassuringly persuasive, The Five Tool Negotiator promises to be a classic in the art of bargaining strategy.


Negotiating a Book Contract

Negotiating a Book Contract

Author: Mark L. Levine

Publisher:

Published: 2009

Total Pages: 0

ISBN-13: 9781559213837

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Most publishing contracts are written by publishers' lawyers properly looking out for the publishers' interests. Publishing contracts can readily be negotiated that balance the rights and interests-and meet the needs-of author and publisher alike. This book is designed to alert authors, and their agents and lawyers, to the many points that are either omitted entirely from some publishers' contracts or are written primarily from the publishers' perspective. Authors should be aware that virtually every publisher regularly revises its standard contract in many areas when asked to do so by authors and their representatives. It is only the author who doesn't know it is perfectly acceptable to ask for changes to the standard contract. Most of the points noted in this book can be obtained simply by asking; others may require harder negotiation.