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Advanced Negotiation and Mediation Theory and Practice

Advanced Negotiation and Mediation Theory and Practice

Providing a systematic, strategic and integrated approach to negotiation, authors Thomas F. Guernsey and Paul J. Zwier explain adversarial and problem-solving strategies, how to help clients make better strategic use of negotiation, counseling techniques and organizational tools for successful negotiations.


Availability: In Stock
Publisher :NITA
Format: BOOK

ISBN: 9781556819506

2005
 
$65.00
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    This book presents a strategic planning and integrated systematic approach to negotiation. This approach, as presented by Thomas F. Guernsey and Paul J. Zwier, claims both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients.

    The book provides attorneys with an outline to plan and implement effective negotiating techniques. Guernsey and Zwier use up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help lawyers teach their clients to make better strategic use of negotiation. It breaks the counseling process into stages and shows what information the client needs in order to make an informed decision.

    The approach Guernsey and Zwier describe also serves as an organizational tool allowing attorneys to simplify a complex process sufficiently to view it as a whole. Advanced Negotiation and Mediation Theory and Practice describes four stages of negotiation:

    •  Icebreaking and Setting the Agenda
    •  Information Bargaining
    •  Exchange, and
    •  Crisis and Outcome

    The book then focuses on the planning and strategic decision making process involved when negotiating in an international setting. In an increasingly global marketplace, it is vital that lawyer negotiators understand the role that cultural differences play in conducting negotiations. According to Guernsey and Zwier, your ability to implement your client's ends will often depend on the lawyer's ability to anticipate these differences and choose the right approach for the right setting.

    The authors examine multiparty negotiations and using a mediator to reach the client's goals. Guernsey and Zwier claim that one of the most important factors in choosing a mediator is the mediator's reputation for being prepared and invested in the process. The book concludes by focusing on the rules of professional responsibility.

    CONTENTS

    Preface

    Chapter 1: Negotiating Strategies and Styles
    A. Adversarial Negotiation--An Economic Theory and Strategy of Negotiation
    B. Problem-Solving Negotiation as a Strategy
    C. Styles of Negotiation
    D. Blending Strategies and Styles

    Chapter 2: The Eleven Stage Negotiation Mediation
    A. Phases and Stages
    B. A Note on Plea Bargaining
    C. Transactional Bargaining

    Chapter 3: The Social Psychology of Negotiation
    A. Audiences to the Negotiation
    B. Restraints on Communication
    C. Respect and Anger
    D. Social Psychology of Selected Tactics
    E. Gender Differences

    Chapter 4: Preparing and Planning for the Negotiation Involving the Client
    A. In General
    B. Determining Your Client's Needs, Interests, and Desires--The Necessity of Effective Client Counseling
    C. Position Bargaining
    D. Planning for Position Bargaining
    E. Anticipate Other Side's Bargaining Range
    F. Negotiation Strategy and Client Counseling
    G. Planning to Implement the Negotiation Process

    Chapter 5: Opening Discussions: Ice Breaking and Setting the Agenda
    A. Ice Breaking
    B. Agenda Control: What and How You Will Negotiate

    Chapter 6: Information Bargaining
    A. What Information Do You Want to Seek?
    B. Where to Get Information
    C. How to Get Information in General
    D. Types of Questions
    E. The Funnel Approach to Questioning
    F. Information You Do Not Want to Reveal
    G. Impediments to Questioning
    H. Techniques to Motivate
    I. Nonverbal Communication

    Chapter 7: Exchange
    A. The Offer
    B. Justification and Persuasion
    C. Concessions, Reformulations, and Counter Proposals
    D. Typical Exchange Tactics and a Systematic Approach

    Chapter 8: Crisis and Outcome
    A. Crisis
    B. The Outcome
    C. Wrap-up
    D. Memorialization

    Chapter 9: Negotiators and Mediators
    A. An Integrated Approach to Preparing for Mediation
    B. Particular Position Bargaining Considerations for Mediation
    C. Particular Problem-Solving Considerations for Mediation
    D. When to Mediate: Intractable Conflicts and Multi-Party Disputes
    E. Social Science Teachings about Mediation
    F. Conclusion

    Chapter 10: Multi-Party Negotiations
    A. Criminal Context
    B. Mass Torts
    C. Bankruptcy as a Forum for Dispute Resolution
    D. Coalitions and Alliances
    E. Democratic Theory and Multi-Party Dispute Resolution

    Chapter 11: Cultural Considerations and Negotiations
    A. The Japanese Experiences as a Paradigm
    B. The Chinese
    C. The Palestinians
    D. The Caution of Black South Africans

    Chapter 12: Ethical Considerations
    A. Truthfulness
    B. Other Ethical Considerations
    C. Conclusion

    PREPARATION AND PLANNING WORKSHEET

    POST NEGOTIATION WORKSHEET

    SELECTED BIBLIOGRAPHY
    Articles
    Selected Books

    INDEX

    October 14, 2010

     

    Thomas F. Guernsey


    Thomas F. Guernsey has been the dean of Albany Law School in New York City since 2002. Prior to taking that post, Guernsey served as the dean and professor at Southern Illinois University School of Law from 1996 to 2002 and was interim provost and vice chancellor for Academic Affairs there prior to that. He served an associate dean and professor at the University of Richmond from 1992 to 1995. Guernsey's research interests include evidence, negotiation, mental health and special education law. He is the author of numerous books including A Practical Guide to Negotiation and Special Education Law.

    Paul J. Zwier


    Paul J. Zwier is a professor at Emory University School of Law, where he directs the trial advocacy and litigation skills programs and teaches torts and advanced negotiation, mediation, and international dispute resolution seminars. He has taught courses in advocacy, litigation skills, and ADR at more than 250 law firms and legal organizations in the U.S., and internationally in Africa, Canada, China, Great Britain, Guam, and Saipan. He also consults on ADR strategies as well as case theory and presentation in trial cases. Professor Zwier directs the Appellate Court Advocacy program as well as the Advocacy Teacher Training/Lawyer without Borders program. Prior to joining the faculty at Emory, he was a professor of law and director of the Center for Advocacy and Dispute Resolution at the University of Tennessee Law School and a professor of law at the University of Richmond School of Law. He has been a visiting professor of law at both William and Mary Law School and Temple University School of Law. He is the former director of Public Education for the National Institute for Trial Advocacy (NITA).

     

 
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