NCJ Number
96424
Date Published
1984
Length
289 pages
Annotation
This book, based on professional experience and substantial empirical data, presents a comprehensive and systematic analysis of negotiation practice.
Abstract
Four separate empirical surveys were conducted: (1) observation of a total of 240 simulated negotiations, (2) a review of 100 actual cases that involved negotiations, (3) evaluations about a lawsuit by approximately 30 experienced trial lawyers, and (4) written questionnaires and personal interviews from approximately 30 trial lawyers practicing in the Minneapolis-St. Paul area. The findings from the four surveys were combined into one mixed survey. Findings appear throughout the book's seven chapters. These chapters examine the various negotiation approaches, stages, and processes and the tasks of a legal negotiation; preparation and planning required for effective negotiations; usefulness of information exchanges during negotiations; and the process of exchanging offers and demands, assessing interests, responding to proposals, and creating innovative agreements and settlements. Also discussed are negotiation strategies and tactics, dilemmas, and concluding aspects of a negotiation, including the drafting of documents and settlement documents; and the various ethical considerations that are pertinent to negotiation situations. Two appendixes contain sections of the Model Rules of Professional Responsibility and the Model Code of Professional Responsibility. Footnotes, a bibliography, and an index are included.