Winner of the 2000 CPR Award for Excellence in ADR (Outstanding Book Category)
Beyond Winning shows a way out of our current crisis of confidence in the legal system. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation and 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. This book also provides vital advice to those who hire lawyers. Clients who understand the pressures and incentives that lawyers face can work more effectively within the legal system to promote their interests.
"With its lively examples and its innovative framework for managing the tensions intrinsic to any negotiation, Beyond Winning is must-reading for lawmakers as well as lawyers — for anyone, in fact, who is charged with resolving intractable disputes and forging lasting agreements." – Senator George J. Mitchell
"Much negotiation literature suffers from one of two problems. Either it is too theoretical to be of use to practitioners or it is simplistic, purporting to give advice to negotiators in cookbook form. Beyond Winning captures the most important theoretical economic and social science material and uses vivid examples to demonstrate techniques for using theoretical insights in practice. The mini-case histories and transcripts of portions of negotiations that appear throughout the book are especially valuable ways both to illustrate theory and to provide practical guidance for its application." – Carol B. Liebman, Columbia Law School
Beyond Winning Negotiating to Create Value in Deals and Disputes Attributes
|Robert H. Mnookin, Scott R. Peppet and Andrew S. Tulumello
|Cambridge, MA: Belknap Press, 2004 (softcover)