Negotiation and Lawyers

Takes the latest scholarly thinking in negotiation and applies it to the various tasks that negotiators do in a way that negotiation practitioners will appreciate. The book is responsive to the increased role technology plays in the negotiation process and provides insights into the impact of racial inequity and implicit bias in negotiation.

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Negotiation and Lawyers takes the latest scholarly thinking in negotiation and applies it to the various tasks that negotiators do in a way that negotiation practitioners will appreciate. Written in 2020, the book is responsive to the increased role technology plays in the negotiation process due to the recent pandemic and provides important insights into the impact of racial inequity and implicit bias in negotiation.

Negotiation and Lawyers presents the core concepts, skills, and strategies for lawyers to succeed in the art of negotiation. We believe that anyone can improve their negotiating skills by utilizing research and psychology to inform a more intentional and strategic approach, which is what this book does—tailors negotiation theory to negotiation practice. To do this, the authors move away from the prevailing method of teaching negotiation styles; they present negotiation as a process where two fundamental tasks are taking place: the creation and claiming of value. Negotiators tend to think one task is more important than the other, and this book supports both schools of thought. No matter where one stands on this issue, improving one's ability as a negotiator requires practice in skills such as listening, framing, and perspective-taking as well as understanding how to effectively prepare for negotiation in order to make more strategic, intentional, and ethical decisions. Furthermore, negotiators must acknowledge the impact of human factors in the process—emotions, cognitive biases, identity, perceptions, racial inequity, and implicit bias along with the non-human factors such as how to negotiate using various modes of technology.

This book presents these topics in a succinct manner and is ideal for 2-3 credit courses or shorter, intensive programs including negotiation training programs. At just under 200 pages, readers can easily absorb the core concepts while also having plenty of opportunity for deeper exploration through unique call-out boxes interspersed throughout the text as well as the traditional reflection questions in most textbooks.