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.
H. L. Goodall’s ground-breaking study of what people do with symbols and what symbols do to people explores the lives led by people in organizations. His narratives take on the form of six detective mysteries in which the narrator figures into the plot of the intrigue and then works out its essential patterns.
In the first mystery, "Notes on a Cultural Evolution: The Remaking of a Software Company," Goodall looks at the transition of a Huntsville regional office of a Boston-based computer software company where the lives and social dramas of the participants reflect the current state of high technology. The second essay and perhaps the most insightful, "The Way the World Ends: Inside Star Wars," penetrates the various defenses of the Star Wars command office in Huntsville to discover its secrets and surprises. Goodall shows how media, technology, fear of relationships, and symbolic images of the future unite into the day-to-day operations of people who believe they are responsible for the outer limits of our nation’s defense.
"Lost in Space: The Layers of Illusion Called Adult Space Camp" illustrates how a supposedly innocent theme park invites participation in rituals and ceremonies designed to influence a future generation of taxpayers. In "Articles of Faith," Goodall enters a super mall in Huntsville, noting how shopping centers provide consumers with far more than places to purchase goods and services. "How I Spent My Summer Vacation" finds Goodall back in an academic environment, at a conference of communication scholars, where he demonstrates the difficult task of translating cultural understandings from one context to another. "The Consultant as Organizational Detective" offers the sobering message that real-life mysteries may surprise even the most accomplished sleuth. A concluding chapter, "Notes on Method," and a new autobiographical afterword round out Goodall’s penetrating look at our symbol-making culture.
Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side.
Business transactions take widely varying forms—from multibillion-dollar corporate mergers to patent licenses to the signing of an all-star quarterback. Yet every deal shares the same goal, or at least should: to maximize the joint value created and to distribute that value among the parties. Building on decades of experience teaching and advising on business deals, Michael Klausner and Guhan Subramanian show how to accomplish this goal through rigorous attention to designing incentives, conveying information, and specifying parties’ rights and obligations.
Deals captures the range of real-life transactional complexities with case studies covering Microsoft’s acquisition of LinkedIn, Scarlett Johansson’s contract dispute with Disney over the release of Black Widow, litigation surrounding LVMH’s pandemic-disrupted acquisition of Tiffany, the feud between George Norcross and Lewis Katz over ownership of the Philadelphia Inquirer, NBC/Viacom’s negotiation with Paramount over the final three seasons of Frasier, and many more. In clear, concise terms, Klausner and Subramanian establish the basic framework of negotiation and the economic concepts that must be addressed in order to maximize value. They show how to tackle challenges, such as information asymmetry between buyer and seller, moral hazard, and opportunistic behavior. And the authors lay out responses to common risks associated with long-term contracts, emphasizing that a deal’s exit rights should be carefully considered at the start of transaction design.
Unique in its practical application of economic theory to actual dealmaking, this book will be an indispensable resource for students and for professionals across the business and legal world.
In many parts of Appalachia, family ties run deep, constituting an important part of an individual’s sense of self. In some cases, when Appalachian learners seek new forms of knowledge, those family ties can be challenged by the accusation that they have gotten above their raisings, a charge that can have a lasting impact on family and community acceptance. Those who advocate literacy sometimes ignore an important fact — although empowering, newly acquired literacies can create identity conflicts for learners, especially Appalachian women. In Negotiating a Perilous Empowerment, Erica Abrams Locklear explores these literacy-initiated conflicts, analyzing how authors from the region portray them in their fiction and creative nonfiction.
Abrams Locklear blends literacy studies with literary criticism to analyze the central female characters in the works of Harriette Simpson Arnow, Linda Scott DeRosier, Denise Giardina, and Lee Smith. She shows how these authors deftly overturn stereotypes of an illiterate Appalachia by creating highly literate characters, women who not only cherish the power of words but also push the boundaries of what literacy means.
Negotiating a Perilous Empowerment includes in-depth interviews with Linda Scott DeRosier and Lee Smith, making this an insightful study of an important literary genre.
An intersectional study of New Testament and noncanonical literature
Anna Rebecca Solevåg explores how nonnormative bodies are presented in early Christian literature through the lens of disability studies. In a number of case studies, Solevåg shows how early Christians struggled to come to terms with issues relating to body, health, and dis/ability in the gospel stories, apocryphal narratives, Pauline letters, and patristic expositions. Solevåg uses the concepts of narrative prosthesis, gaze and stare, stigma, monster theory, and crip theory to examine early Christian material to reveal the multiple, polyphonous, contradictory ways in which nonnormative bodies appear.
Features:
The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations.
James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.
Since the late 1960s, the Basque insurgent organization ETA (Euzkadi ta Askatasuna, or Basque Homeland and Freedom) has been engaged in a violent struggle against the Spanish state in an effort to gain the independence of the Basque Country. ETA violence has led to the death of hundreds of people, making the organization the most violent insurgent group in Europe. Between 1975 and 1988, nearly thirty attempts to negotiate an end to violence, with a few limited exceptions, all ended in failure. This important book examines why the efforts to negotiate have failed and makes suggestions on how to improve the chances for successful discussion in the future. Although Clark does not disprove the conventional wisdom that negotiation with terrorists is a bad idea, he does begin from the opposing point of view that there may be some positive values to be realized from such negotiation.Negotiating with ETA describes the various factions that are interested in the outcome of such negotiations and the Spanish antiterrorist policy throughout the period under examination. The book also recounts the early attempts to negotiate, the first attempt at "social reintegration," various attempts by the Basque Government to get negotiations started, negotiation efforts under the Spanish socialist government of Felipe González, and the lengthy negotiations that took place in Algeria. A wide range of scholars and specialists will find this book valuable, including those interested in contemporary Spanish politics, ethnic nationalism, Basque affairs, the problem of terrorism, and conflict resolution.
Japan's modern international history began in 1858 with the signing of the "unequal" commercial treaty with the United States. Over the next fifteen years, Japanese diplomacy was reshaped to respond to the Western imperialist challenge. Negotiating with Imperialism is the first book to explain the emergence of modern Japan through this early period of treaty relations.
Michael Auslin dispels the myth that the Tokugawa bakufu was diplomatically incompetent. Refusing to surrender to the West's power, bakufu diplomats employed negotiation as a weapon to defend Japan's interests. Tracing various visions of Japan's international identity, Auslin examines the evolution of the culture of Japanese diplomacy. Further, he demonstrates the limits of nineteenth-century imperialist power by examining the responses of British, French, and American diplomats. After replacing the Tokugawa in 1868, Meiji leaders initially utilized bakufu tactics. However, their 1872 failure to revise the treaties led them to focus on domestic reform as a way of maintaining independence and gaining equality with the West.
In a compelling analysis of the interplay among assassinations, Western bombardment of Japanese cities, fertile cultural exchange, and intellectual discovery, Auslin offers a persuasive reading of the birth of modern Japan and its struggle to determine its future relations with the world.
This masterly book substantially extends Howard Raiffa's earlier classic, The Art and Science of Negotiation. It does so by incorporating three additional supporting strands of inquiry: individual decision analysis, judgmental decision making, and game theory. Each strand is introduced and used in analyzing negotiations.
The book starts by considering how analytically minded parties can generate joint gains and distribute them equitably by negotiating with full, open, truthful exchanges. The book then examines models that disengage step by step from that ideal. It also shows how a neutral outsider (intervenor) can help all negotiators by providing joint, neutral analysis of their problem.
Although analytical in its approach--building from simple hypothetical examples--the book can be understood by those with only a high school background in mathematics. It therefore will have a broad relevance for both the theory and practice of negotiation analysis as it is applied to disputes that range from those between family members, business partners, and business competitors to those involving labor and management, environmentalists and developers, and nations.
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