Legal Profession

Negotiation and Dispute Resolution for Lawyers

By Barney Jordaan
Edward Elgar Publishing June 2022

Specifications

ISBN-13
9781803920764
Publisher
Edward Elgar Publishing
Publication
June 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.

Key Features:

  • Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation
  • Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers
  • Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists

With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.

Table of Contents

Foreword
Preface
PART I: THE CHANGING WORLD OF LEGAL PRACTICE – CHALLENGES AND OPPORTUNITIES
1. Changes affecting the practice of law
2. The lawyer as problem solver 3. A different mindset and approach
PART II: HANDLING CONFLICT
4. Understanding conflict
5. Biases in decision-making
PART III: NEGOTIATION
6. Understanding negotiation
7. Negotiation preparation and planning
8. Negotiation planning
9. Developing a Negotiation Strategy
10. Executing the negotiation
11. Ethics in negotiation
PART IV: SKILLS AND COMPLICATING FACTORS
12. Essential skills for problem solving
13. Complicating factors
PART V: THE LAWYER AS PROCESS ARCHITECT AND ADVISER
14. Dispute resolution processes
15. Representing a client in mediation
16. Dispute process design
17. Legal fee arrangements

Annexure A: Negotiation Preparation Template Annexure B: mediation checklist Annexure C: checklist for mixed-mode processes Annexure D: planned early dispute resolution system Annexure E: guided mediation draft clause Annexure F: Joan Ollins and Billy Branson Index
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