Legal Negotiating (American Casebook Series)

This is an excellent book for law students learning negotiation skills in clinical courses and for practicing attorneys who want to enhance their negotiation proficiency. The book explores the three basic negotiator styles: (1) the "win-lose" Competitive/ Adversarial Style; (2) the "win-win" Cooperative/Problem-Solving Style; and (3) the "WIN-win" Competitive/Problem-Solving Style. It then describes the five stages of the negotiation process and discusses what negotiators should be doing in each. It describes psychological factors that influence bargaining interactions, and covers the legal rules and economic principles that apply to settlement negotiations. The book finally explores the impact of abstract reasoning skills, emotional intelligence, and negotiator gender and race on bargaining interactions. The Appendices include transcripts from four lawyer-to-lawyer negotiations.