Negotiation and Dispute Resolution for Lawyers
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Negotiation and Dispute Resolution for Lawyers

9781803920740 Edward Elgar Publishing
Barney Jordaan, Professor of Management Practice, Vlerick Business School, Belgium
Publication Date: 2022 ISBN: 978 1 80392 074 0 Extent: 480 pp
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.

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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.
Critical Acclaim
‘Barney Jordaan has written a text for the times. It is a classic text on international negotiation and dispute resolution, balancing theory with practice, law with behaviourism, analysis with opinion. This is a grand narrative, written with authority, poise and elan.’
– Laurence Boulle, University of Newcastle, Australia

‘The scope of the book and depth of analysis is ambitious, delivering valuable insights, ideas, and tools on a wide range of topics crucial to modern legal practice. It is difficult to conceive of future-oriented lawyers operating successfully without embracing and putting into practice the negotiation skills covered in it. What really stands out for me in this comprehensive treatment is the infusion of psychology and neuroscience and their application to traditional processes of dispute prevention and resolution. Hugely valuable for anyone serious about the practice of law.’
– Chris Todd, Bowmans, South Africa

‘I highly recommend this outstanding treatise. With a focus on the role of lawyers, the treatise outlines crucial strategic decisions throughout a dispute. Bringing in the most up-to-date understanding of human behavior and weaving interdisciplinary expertise throughout, this well-organised and straightforward book makes it easy for lawyers to comprehend both the theory and practice of negotiation and dispute resolution.’
– Andrea Kupfer Schneider, Marquette University, US
Contents
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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