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Preface | ||
Acknowledgments | ||
Pt. I | Introduction | 1 |
Ch. 1 | Toward a Conceptual Approach to Negotiation | 7 |
A | The Steps of Negotiation: An Overview | 7 |
B | Conceptual Models of Negotiation | 16 |
Toward Another View of Legal Negotiation: The Structure of Problem-Solving | 17 | |
A Positive Theory of Legal Negotiation | 21 | |
Why Negotiations Fail: An Exploration of Barriers to the Resolution of Conflict | 26 | |
Pt. II | The Structure of Negotiation | 33 |
Ch. 2 | Estimating the Bargaining Zone | 37 |
A | BATNAs and Reservation Prices | 37 |
A Positive Theory of Legal Negotiation | 37 | |
B | Calculating Reservation Prices: A Prescriptive Approach | 43 |
C | Aspirations | 57 |
Bargaining for Advantage: Negotiation Strategies for Reasonable People | 58 | |
Ch. 3 | Psychological Factors in Evaluating Alternatives | 63 |
A | Risk Preference and the Framing Effect | 68 |
Gains, Losses, and the Psychology of Litigation | 69 | |
B | The Endowment Effect and the Status Quo Bias | 76 |
Experimental Tests of the Endowment Effect and the Coase Theorem | 76 | |
Inertia and Preference in Contract Negotiation: The Psychological Power of Default Rules and Form Terms | 81 | |
C | Anchoring | 87 |
Psychological Barriers to Litigation Settlement: An Experimental Approach | 88 | |
D | Overconfidence and the Self-Serving Bias | 94 |
Self-Serving Assessments of Fairness and Pretrial Bargaining | 95 | |
E | Reactive Devaluation | 102 |
Reactive Devaluation in Negotiation and Conflict Resolution | 103 | |
Ch. 4 | Integrative Bargaining | 111 |
A | Expanding the Bargaining Zone | 111 |
The Manager as Negotiator | 115 | |
The Limits of Integrative Bargaining | 121 | |
B | Strategies for Reaching Integrative Agreements | 129 |
Ch. 5 | Power | 149 |
A | Changing the Bargaining Zone | 152 |
B | Manipulating Perceptions of the Bargaining Zone | 156 |
A Positive Theory of Legal Negotiation | 157 | |
C | Commitments | 163 |
The Strategy of Conflict | 165 | |
D | Patience | 171 |
Ch. 6 | Fair Division and Related Social Norms | 183 |
A | The Reciprocity Norm | 184 |
Influence: Science and Practice | 185 | |
B | Convention | 195 |
Fairness as a Constraint on Profit Seeking: Entitlements in the Market | 196 | |
Getting to Yes | 203 | |
Notes on the Bedouin Horse Trade or "Why Won't the Market Clear, Daddy?" | 205 | |
C | Norms of Distributive Justice | 209 |
Pt. III | The Negotiator | 221 |
Ch. 7 | The Negotiator's Dilemma | 223 |
A | The Prisoner's Dilemma as Metaphor | 224 |
The Evolution of Cooperation | 225 | |
B | Coping with the Negotiator's Dilemma | 233 |
The Ethics of Lying in Negotiation | 233 | |
The Manager as Negotiator | 235 | |
Ch. 8 | Conflict Style | 243 |
A | Cooperation versus Competition | 244 |
Legal Negotiation and Settlement | 244 | |
B | Empathy versus Assertiveness | 250 |
The Tension Between Empathy and Assertiveness | 250 | |
Ch. 9 | Group Membership | 257 |
A | Gender | 258 |
Gender, Risk Taking, and Negotiation Performance | 258 | |
In a Different Voice: Psychological Theory and Women's Development | 262 | |
B | Culture | 270 |
Culture and Negotiation | 273 | |
Making Deals in Strange Places: A Beginner's Guide to International Business Negotiations | 279 | |
Culture and Negotiator Cognition: Judgment Accuracy and Negotiation Processes in Individualistic and Collectivistic Cultures | 282 | |
Pt. IV | Additional Parties | 293 |
Ch. 10 | The Principal-Agent Relationship | 295 |
A | The Benefits of Lawyer-Agents | 295 |
Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation | 298 | |
Value Creation by Business Lawyers: Legal Skills and Asset Pricing | 303 | |
B | The Principal-Agent Tension | 310 |
Evans v. Jeff D. | 313 | |
Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer | 316 | |
Ch. 11 | Multilateral Negotiations | 329 |
A | Coalitions and Negotiating Power | 329 |
B | Fair Division | 334 |
C | Identifying the Bargaining Zone | 336 |
Legal Negotiation: Theory and Applications | 336 | |
Ch. 12 | The Use of Mediation in Negotiation | 343 |
A | The Potential Benefits of Mediation | 345 |
B | Mediator Strategies | 356 |
Understanding Mediators' Orientations, Strategies, and Techniques: A Grid for the Perplexed | 357 | |
The Caucus: Private Meetings That Promote Settlement | 365 | |
Pt. V | The Law of Negotiation | 375 |
Ch. 13 | Misrepresentation | 377 |
A | Representations about the Negotiation's Subject Matter: Vulcan Metals Co. Inv. v. Simmons Manufacturing Co., Inc. | 379 |
B | Representations Related to the Speaker's Reservation Price: Kabatchnick v. Hanover-Elm Building Corp. | 385 |
C | Nondisclosure: Swinton v. Whitinsville Savings Bank | 390 |
Nondisclosure: Weintraub v. Krobatsch | 391 | |
D | Sanctions for Misrepresentation: Cresswell v. Sullivan & Cromwell | 396 |
E | Misrepresenting the Objective: "Bad Faith" Negotiation: Venture Associates Corp. v. Zenith Data Systems Corp. | 400 |
F | The Ethics of Misrepresentation | 405 |
Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation | 405 | |
Negotiation Ethics: How to Be Deceptive Without Being Dishonest/How to Be Assertive Without Being Offensive | 406 | |
The Ethics of Lying in Negotiations | 409 | |
Moral Truthseeking and the Virtuous Negotiator | 411 | |
Ch. 14 | Rules Encouraging Litigation Settlement | 417 |
A | Fee Shifting and "Offer of Settlement" Rules | 418 |
From "Loser Pays" to Modified Offer of Judgment Rules: Reconciling Incentives to Settle with Access to Justice | 419 | |
B | Judicial Settlement Conferences: In re Novak | 427 |
Judicial Settlement Conferences: Nick v. Morgan's Foods, Inc. | 434 | |
C | Inadmissibility of Settlement Negotiations: Thomas v. Resort Health Related Facility | 441 |
Inadmissibility of Settlement Negotiations: Affiliated Manufacturers, Inc. v. Aluminum Co. of America | 443 | |
Ch. 15 | Limitations on Settlement | 451 |
A | Judicial Review of Settlements | 452 |
1 | Power Imbalances: Lewis v. Lewis | 452 |
2 | Principal-Agent Conflicts: Mars Steel Corp. v. Continental Illinois National Bank | 454 |
3 | Protecting the Public Interest: United States v. Microsoft Corp. | 459 |
B | Settlement in Multiple-Defendant Litigation: Elbaor v. Smith | 464 |
Table of Cases | 469 | |
Collected References | 471 | |
Index | 479 |
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Add Negotiation Theory and Strategy, This book is an ideal text for a 2,3, or 4-unit Negotiation course or clinic or for an ADR course with a substantial negotiation component. This concise, interdisciplinary work draws on the social sciences as well as cutting-edge legal scholarship and tra, Negotiation Theory and Strategy to the inventory that you are selling on WonderClubX
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Add Negotiation Theory and Strategy, This book is an ideal text for a 2,3, or 4-unit Negotiation course or clinic or for an ADR course with a substantial negotiation component. This concise, interdisciplinary work draws on the social sciences as well as cutting-edge legal scholarship and tra, Negotiation Theory and Strategy to your collection on WonderClub |