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This book provides a comprehensive descriptive and prescriptive treatment of legal counseling, interviewing, and negotiation (including mediation and plea-bargaining). As reflected in the title, the book takes "a practical approach" to these skills, so students can learn specifically how to engage in effective counseling and negotiating. The book also emphasizes pertinent ethical and legal considerations in connection with counseling clients and negotiating settlements. The authors discuss leading "theoretical approaches" to the extent those approaches can be meaningfully applied in practice. The overall effect is to emphasize that blend of theory, practice, ethics, and law that is most meaningful in the sense of having real-life application to effective client representation. The Appendices to the book provide numerous negotiation and mediation, including plea-bargaining, role-plays. Interviewing and counseling role-plays are provided in a separate Teacher's Manual (available only to professors), which also includes the "confidential instructions" for the negotiation, mediation, and plea bargaining role-plays. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
An easy and practical book for legal professionals or anyone else disputing with someone with a high-conflict personality.
The primary goal of this book is to expose lawyers and law students to some of the key insights offered by the field of psychology and to illustrate the ways in which understanding these insights can improve the practice of law.
This book thoroughly explores interviewing, counseling, negotiating, the business of lawyering, transactional work, investigations, pleadings, discovery, depositions, mediation, and dispute resolution planning. Materials prepare students for professions as civil practitioner, transactional lawyer, litigator, in house counsel, or businessperson. This 3d Edition covers the theories, strategies, and tactics involved with effective client representation and provides examples and illustrations of successful lawyers engaged in the practice of law. New materials include the impact of social and legal network communications, innovative approaches to modern practice, and the effective use of electronically stored information and data.
Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Negotiation is not formulaic. How we negotiate is determined largely by the context in which the negotiation process takes place. Negotiation: Communication for Diverse Settings provides the reader with a comprehensive overview of the negotiation process as it applies to a wide variety of contexts. Skillfully weaving practitioner interviews and real world examples throughout the book, Michael Spangle and Myra Warren Isenhart emphasize the day-to-day relevance of negotiation skill. The authors provide knowledge vital to successful negotiation in a variety of situations, including interpersonal relations, the workplace, shopping and other consumer settings, community relations, and international affairs. Discussions of the moral and ethical dilemmas of negotiation-as well as the detail provided in various sections, such as international negotiations will undoubtedly prove useful to novice and seasoned negotiators alike. Features of this text Takes a communication perspective, analyzing the negotiation process and how different settings and elements affect negotiation strategies and techniques; Discusses the cultural context of conflict in U.S. society throughout; Introduces basic theoretical principles and practical steps in the negotiating process; Moves on a continuum from micro (interpersonal) to macro (international) levels of negotiation; Addresses the interpersonal skills necessary for effective negotiation, factors that cause negotiations to break down, and what to do when that happens; Includes "Professional Profiles" interviews with professional negotiators from a variety of backgrounds; Brings concepts to life for students through the use of boxed negotiation examples from a variety of contexts. Recommended for upper-level undergraduate and graduate students taking courses in conflict management and negotiation. Also useful for students in applied programs, such as training and adult education courses in management development, conflict management, and negotiation.
Believing not only that conflict is inevitable in human life but that it is essential and can be quite constructive, Augsburger proposes a shift to an "international" approach in resolving conflict. Augsburger focuses on interpersonal and group conflicts and provides a comparison of conflict patterns within and among various cultures.