Beyond Winning

[Beyond Winning] rallies all of the [Harvard Negotiation Research Projects] prior gems of wisdom on negotiation around the central theme of creating value. [The book] should be required reading for all lawyers and law students, for all mediators and judges. It is a book that every lawyer should ask his or her client to read (or reread) prior to commencing any important transaction or dispute, negotiation or mediation. Crafted in a reader-friendly style, the book energetically promotes an interdisciplinary approach to problem-solving in negotiation In contrast to other experts advice to be reactive initially in a negotiation, the authors here encourage a proactive, take charge approach to engaging negotiators across the table in problem-solving. This approach is not initially directed to the substance of the dispute or transaction, but rather to the nature and structure of the negotiation process that the parties might together design This is a book for everyone who negotiatesa universe that includes all of us. Inevitably, it will move lawyers into a new paradigm of thinking about higher-quality solutions in negotiation and mediation, and about how to achieve the best possible results for their clients. It is bound to change the world of negotiation in this new millennium. -- John W. Cooley * ABA Journal * The practice of law has become more contentious and competitive, not less. The authors of [Beyond Winning]advocate that parties [instead] practice value creation (i.e., the attempt to enlarge the pie) so that both parties to a negotiation receive bigger returns The book does an excellent job of breaking down relationships, players, tensions and organizations to lay bare the inner-workings of the actors in a negotiation and the situations they create. Because of its unique objective of educating attorneys and clients, Beyond Winning is a good addition to any library on negotiation. -- William J. Estes * New York Law Journal * Conventional negotiating strategy often requires adversarial positions, but the authors propose viewing negotiating as a problem-solving task They explain that creating value is the key to successful negotiating. The goal should not be to win the biggest piece of the pie but to make the pie bigger! -- David Rouse * Booklist * Observing that todays tough, adversarial legal negotiations preempt mutually beneficial problem solving between parties, Mnookin and his coauthors urge lawyers to adopt a proactive, optimistic and realistic mindset to transform their practices [Although] aimedat attorneys who want to serve clients broader needs better as well as to protect their interests, the authors practical, straightforward and jargon-free style makes this a valuable resource for anybody who is about to hire an attorney, file a lawsuit or sign a contract. * Publishers Weekly * 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 lawyersfor anyone, in fact, who is charged with resolving intractable disputes and forging lasting agreements. -- Senator George Mitchell On the cutting edge of negotiation literature, Beyond Winning is a spectacular integration of our contemporary understanding of negotiation, modern social science, and the legal context. This is an excellent book and is sure to become a must-read for lawyers, law students, and executives who deal with the legal process on a regular basis. -- Max Bazerman, Harvard Business School The authors provide specific, concrete strategies lawyers and their clients can employ to mitigate the tensions that make legal negotiation so difficult. They integrate theory and practice in ways that do justice to the complexity of each. -- Jennifer Girarda Brown, Quinnipiac College School of Law Much negotiation literature suffers from one of two problems. Either it is too theoretical to be of use to pract

Robert H. Mnookin is the Samuel Williston Professor of Law at Harvard Law School and the Director of the Harvard Negotiation Research Project. Before joining the Harvard faculty, he was the Adelbert H. Sweet Professor of Law at Stanford Law School and the Director of the Stanford Center on Conflict and Negotiation. He has served as a consultant to governments and international agencies and is the author of Bargaining with the Devil: When to Negotiate and When to Fight. Scott Peppet is Associate Professor, University of Colorado School of Law. Andrew S. Tulumello is an attorney in private practice.

Preface Introduction I. The Dynamics of Negotiation 1. The Tension between Creating and Distributing Value 2. The Tension between Empathy and Assertiveness 3. The Tension between Principals and Agents II. Why Lawyers? 4. The Challenges of Dispute Resolution 5. The Challenges of Deal-Making 6. Psychological and Cultural Barriers III. A Problem-Solving Approach 7. Behind the Table 8. Across the Table 9. Advice for Resolving Disputes 10. Advice for Making Deals IV. Special Issues 11. Professional and Ethical Dilemmas 12. Organizations and Multiple Parties Conclusion Notes Index