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Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
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.
Nicholas Dorochoff offers the heritage management community the benefit of decades of thinking on negotiation from the business world in a brief, practical guidebook.
Everybody in business is involved in negotiating internally and externally. The impact of this can have consequences for revenue and profitability, so it is more important than ever to be an effective negotiator for business success. In Making Negotiations Predictable, two global experts give crucial insights into getting it right.
We all negotiate on a daily basis. We negotiate with our spouses, children, parents, and friends. We negotiate when we rent an apartment, buy a car, purchase a house, and apply for a job. Your ability to negotiate might even be the most important factor in your career advancement. Negotiation is also the key to business success. No organization can survive without contracts that produce profits. At a strategic level, businesses are concerned with value creation and achieving competitive advantage. But the success of high-level business strategies depends on contracts made with suppliers, customers, and other stakeholders. Contracting capability—the ability to negotiate and perform successful contracts—is the most important function in any organization. This book is designed to help you achieve success in your personal negotiations and in your business transactions. The book is unique in two ways. First, the book not only covers negotiation concepts, but also provides practical actions you can take in future negotiations. This includes a Negotiation Planning Checklist and a completed example of the checklist for your use in future negotiations. The book also includes (1) a tool you can use to assess your negotiation style; (2) examples of “decision trees,” which are useful in calculating your alternatives if your negotiation is unsuccessful; (3) a three-part strategy for increasing your power during negotiations; (4) a practical plan for analyzing your negotiations based on your reservation price, stretch goal, most-likely target, and zone of potential agreement; (5) clear guidelines on ethical standards that apply to negotiations; (6) factors to consider when deciding whether you should negotiate through an agent; (7) psychological tools you can use in negotiations—and traps to avoid when the other side uses them; (8) key elements of contract law that arise during negotiations; and (9) a checklist of factors to use when you evaluate your performance as a negotiator. Second, the book is unique in its holistic approach to the negotiation process. Other books often focus narrowly either on negotiation or on contract law. Furthermore, the books on negotiation tend to focus on what happens at the bargaining table without addressing the performance of an agreement. These books make the mistaken assumption that success is determined by evaluating the negotiation rather than evaluating performance of the agreement. Similarly, the books on contract law tend to focus on the legal requirements for a contract to be valid, thus giving short shrift to the negotiation process that precedes the contract and to the performance that follows. In the real world, the contracting process is not divided into independent phases. What happens during a negotiation has a profound impact on the contract and on the performance that follows. The contract’s legal content should reflect the realities of what happened at the bargaining table and the performance that is to follow. This book, in contrast to others, covers the entire negotiation process in chronological order beginning with your decision to negotiate and continuing through the evaluation of your performance as a negotiator. A business executive in one of the negotiation seminars the author teaches as a University of Michigan professor summarized negotiation as follows: “Life is negotiation!” No one ever stated it better. As a mother with young children and as a company leader, the executive realized that negotiations are pervasive in our personal and business lives. With its emphasis on practical action, and with its chronological, holistic approach, this book provides a roadmap you can use when navigating through your life as a negotiator.
Presenting principles of negotiation from theoretical and practical perspectives, this book helps readers develop negotiating skills in both individual and collective situations. Each chapter introduces and discusses an essential negotiating concept and then connects that concept to a related skill. Exercises are integrated throughout each chapter to provide readers with the opportunity to practice these skills. Using this unique theory-into-practice organization principle, the book demonstrates how negotiation works, outlines options and procedures for negotiation preparation, and identifies common negotiating problems.
President Donald J. Trump lays out his professional and personal worldview in this classic work—a firsthand account of the rise of America’s foremost deal-maker. “I like thinking big. I always have. To me it’s very simple: If you’re going to be thinking anyway, you might as well think big.”—Donald J. Trump Here is Trump in action—how he runs his organization and how he runs his life—as he meets the people he needs to meet, chats with family and friends, clashes with enemies, and challenges conventional thinking. But even a maverick plays by rules, and Trump has formulated time-tested guidelines for success. He isolates the common elements in his greatest accomplishments; he shatters myths; he names names, spells out the zeros, and fully reveals the deal-maker’s art. And throughout, Trump talks—really talks—about how he does it. Trump: The Art of the Deal is an unguarded look at the mind of a brilliant entrepreneur—the ultimate read for anyone interested in the man behind the spotlight. Praise for Trump: The Art of the Deal “Trump makes one believe for a moment in the American dream again.”—The New York Times “Donald Trump is a deal maker. He is a deal maker the way lions are carnivores and water is wet.”—Chicago Tribune “Fascinating . . . wholly absorbing . . . conveys Trump’s larger-than-life demeanor so vibrantly that the reader’s attention is instantly and fully claimed.”—Boston Herald “A chatty, generous, chutzpa-filled autobiography.”—New York Post
“One of the most important books of our modern era” –Amb. Jaime de Bourbon For anyone struggling with conflict, this book can transform you. Negotiating the Nonnegotiable takes you on a journey into the heart and soul of conflict, providing unique insight into the emotional undercurrents that too often sweep us out to sea. With vivid stories of his closed-door sessions with warring political groups, disputing businesspeople, and families in crisis, Daniel Shapiro presents a universally applicable method to successfully navigate conflict. A deep, provocative book to reflect on and wrestle with, this book can change your life. Be warned: This book is not a quick fix. Real change takes work. You will learn how to master five emotional dynamics that can sabotage conflict outside your awareness: 1. Vertigo: How can you avoid getting emotionally consumed in conflict? 2. Repetition compulsion: How can you stop repeating the same conflicts again and again? 3. Taboos: How can you discuss sensitive issues at the heart of the conflict? 4. Assault on the sacred: What should you do if your values feel threatened? 5. Identity politics: What can you do if others use politics against you? In our era of discontent, this is just the book we need to resolve conflict in our own lives and in the world around us.
Known for its accessible approach and concrete real-life examples, the second edition of Practical Business Negotiation continues to equip users with the necessary, practical knowledge and tools to negotiate well in business. The book guides users through the negotiation process, on getting started, the sequence of actions, expectations when negotiating, applicable language, interacting with different cultures, and completing a negotiation. Each section of the book contains one or two key takeaways about planning, structuring, verbalizing, or understanding negotiation. Updated with solid case studies, the new edition also tackles cross-cultural communication and communication in the digital world. Users, especially non-native English speakers, will be able to hone their business negotiation skill by reading, discussing, and doing to become apt negotiators. The new edition comes with eResources, which are available at https://www.routledge.com/Practical-Business-Negotiation-2nd-Edition/Baber-Fletcher-Chen/p/book/9780367421731.
Most discussions on negotiation use an exclusively at-the-table perspective, focused on tactics, persuasion, psychology and other 1-D elements of the negotiation process. Articulating a 3-D perspective, this book presents a practical approach by focusing on the surface process and also on the value to be unlocked with skillful deal-design.