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.
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