| Foreword to the Second Edition |
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| Foreword to the First Edition |
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SECTION I. NEGOTIATION AS A STRUCTURED PROCESS OF INTERPERSONAL COMMUNICATION |
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The Negotiation Process---General Observations |
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3 | (23) |
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Disputes and Negotiations: A Cross-Cultural Perspective |
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4 | (4) |
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The Janus Quality of Negotiation: Dealmaking and Dispute Settlement |
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8 | (2) |
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A Primer on Competitive Bargaining |
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10 | (3) |
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A Positive Theory of Legal Negotiation |
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13 | (5) |
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Understanding Competing Theories of Negotiation |
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18 | (3) |
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Ten Commandments for a Negotiator |
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21 | (5) |
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The Prisoner's Dilemma---Avoiding Exploitation in the Mixed-Motive Exchange |
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26 | (29) |
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Metamagical Themas: Computer Tournaments of the Prisoner's Dilemma Suggest How Cooperation Evolves |
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28 | (2) |
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The Evolution of Cooperation |
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30 | (4) |
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The Manager as Negotiator: Bargaining for Cooperation and Mutual Gain |
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34 | (3) |
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Forgiveness Math: Mathematical Games Explain the Evolutionary Existence of Cooperative Behavior |
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37 | (2) |
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Does Studying Economics Inhibit Cooperation? |
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39 | (2) |
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The Law as the Free Market's Rogue: Hostage to the Prisoner's Dilemma |
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41 | (3) |
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Empathy-Induced Altruism in a Prisoner's Dilemma II: What if the Target of Empathy Has Defected? |
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44 | (4) |
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Law and Behavioral Science: Removing the Rationality Assumption from Law and Economics |
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48 | (2) |
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Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation |
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50 | (5) |
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Distributive Bargaining---Competitive Moves to Claim Value |
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55 | (51) |
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The Art & Science of Negotiation |
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58 | (3) |
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A Primer on Competitive Bargaining |
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61 | (5) |
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The Art & Science of Negotiation |
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66 | (2) |
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A Primer on Competitive Bargaining |
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68 | (9) |
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The Manager as Negotiator: Bargaining for Cooperation and Competitive Gain |
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77 | (3) |
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A General Theory of Negotiation Process, Strategy, and Behavior |
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80 | (1) |
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First Offers in Negotiation: Determinants and Effects |
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81 | (6) |
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Aspirations and Settlement |
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87 | (8) |
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Myopic Predication, Self--Destructive Secrecy, and the Unexpected Benefits of Revealing Final Deadlines in Negotiation |
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95 | (4) |
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From Self--Prediction to Self--Defeat: Behavioral Forecasting, Self--Fulfilling Prophecies, and the Effect of Competitive Expectations |
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99 | (7) |
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Integrative Bargaining---Collaborative Moves to Create Value |
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106 | (50) |
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A Context-Based Theory of Strategy Selection in Legal Negotiation |
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109 | (4) |
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Toward Another View of Legal Negotiation: The Structure of Problem Solving |
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113 | (4) |
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The Case Against Winning in Negotiations |
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117 | (4) |
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Achieving Integrative Agreements |
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121 | (4) |
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Interests: The Measure of Negotiation |
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125 | (6) |
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Dealcrafting: The Substance of Three--Dimensional Negotiations |
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131 | (5) |
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Aha? Is Creativity Possible in Legal Problem Solving and Teachable in Legal Education |
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136 | (4) |
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Creativity and Problem--Solving |
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140 | (6) |
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Peacemaking Among Primates |
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146 | (3) |
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Bargaining in the Dark: The Normative Incoherence of Lawyer Dispute Bargaining Role |
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149 | (7) |
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Moving Between and Beyond the Strategies---Developing Alternatives and Changing the Game |
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156 | (52) |
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Notes on the Bedouin Horse Trade or ``Why Won't the Market Clear, Daddy?'' |
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158 | (5) |
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Shattering Negotiation Myths: Empirical Evidence on the Effectiveness of Negotiation Style |
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163 | (11) |
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Tough Guys Finish Last: The Perils of a Distributive Reputation |
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174 | (5) |
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The Enlightened Negotiator: What is the Best Type of Interaction? (2003) |
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179 | (5) |
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A Context--Based Theory of Strategy Selection in Legal Negotiation |
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184 | (3) |
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Bargaining in the Dark: The Normative Incoherence of Lawyer Dispute Bargaining Role |
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187 | (2) |
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Getting Past No: Dealing With Difficult People |
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189 | (5) |
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Bargaining Power as Threat of Impasse |
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194 | (3) |
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The Power of Alternatives or the Limits to Negotiation |
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197 | (6) |
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Legal Negotiation: Theory and Application |
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203 | (5) |
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SECTION II. NEGOTIATION AS A BEHAVIORAL PROCESS OF INTERPERSONAL COMMUNICATION |
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Negotiation as a Behavioral Phenomenon |
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208 | (45) |
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Interpersonal Dynamics: Helping Lawyers Learn the Skills, and the Importance, of Human Relationships in the Practice of Law |
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210 | (6) |
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The Contemplative Lawyer: On the Potential Contributions of Mindfulness Meditation to Law Students, Lawyers, and their Clients |
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216 | (9) |
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Relationships in Negotiations |
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225 | (6) |
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Six Basic Interpersonal Skills for a Negotiator's Repertoire |
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231 | (3) |
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Why Negotiations Fail: An Exploration of Barriers to the Resolution of Conflict |
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234 | (5) |
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Negotiator Judgment: A Critical Look at the Rationality Assumption |
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239 | (6) |
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Negotiation and Mediation: A Guide to Negotiation and Negotiated Dispute Resolution |
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245 | (8) |
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The Reality of Rationality: Biases, Heuristics and Cognitive Illusions |
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253 | (51) |
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Law and Behavioral Science: Removing the Rationality Assumption from Law and Economics |
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255 | (9) |
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Heuristics and Biases at the Bargaining Table |
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264 | (8) |
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272 | (5) |
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Psychological Principles in Negotiating Civil Settlements |
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277 | (13) |
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Gains, Losses, and the Psychology of Litigation |
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290 | (6) |
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The Illusion of Transparency in Negotiations |
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296 | (8) |
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304 | (59) |
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Descartes' Error: Emotion, Reason, and the Human Brain |
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306 | (8) |
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Negotiating With Your Nemesis |
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314 | (6) |
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How Emotions Work: An Analysis of the Social Functions of Emotional Expression in Negotiations |
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320 | (9) |
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The Influence of Anger and Compassion on Negotiation Performance |
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329 | (5) |
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Better Settle Than Sorry: The Regret Aversion Theory of Litigation Behavior |
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334 | (10) |
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Advising Clients to Apologize |
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344 | (5) |
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The Lawyer-Negotiator as Mood Scientist: What We Know and Don't Know About How Mood Relates to Successful Negotiation |
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349 | (14) |
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Principles of Persuasion: Motivating Agreement |
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363 | (23) |
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Principles of Influence in Negotiation |
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364 | (5) |
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Law and Behavioral Science: Removing the Rationality Assumption from Law and Economics |
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369 | (2) |
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A Positive Theory of Legal Negotiation |
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371 | (8) |
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Perceptions of Fairness in Negotiation |
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379 | (7) |
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Creating the Table: Communication Media, and Email |
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386 | (30) |
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The Mind and Heart of the Negotiator |
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388 | (5) |
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Negotiating Via Information Technology: Theory and Application |
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393 | (5) |
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Rapport in Negotiation and Conflict Resolution |
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398 | (6) |
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Schmooze or Lose: Social Friction and Lubrication in E--Mail Negotiations |
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404 | (7) |
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Cyber E-Mail Negotiation vs. Traditional Negotiation: Will Cyber Technology Supplant Traditional Means of Settling Litigation? |
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411 | (5) |
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Power in Negotiation---Actual and Perceived |
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416 | (41) |
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The Bases of Power: Origins and Recent Developments |
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418 | (3) |
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Power Processes in Bargaining |
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421 | (3) |
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Negotiating Power: Getting and Using Influence |
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424 | (6) |
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Breakthrough Business Negotiation: A Toolbox for Managers |
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430 | (10) |
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Enactments of Power: Negotiating Reality and Responsibility in Lawyer-Client Interactions |
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440 | (3) |
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When David Meets Goliath: Dealing With Power Differentials in Negotiations |
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443 | (14) |
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The Influence of Culture on Bargaining: Gender as a Behavioral Determinant of Negotiation Style and Strategy |
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457 | (41) |
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In a Different Voice: Psychological Theory and Women's Development |
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459 | (3) |
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Feminist Discourse, Moral Values, and the Law---A Conversation |
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462 | (1) |
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Her Place at the Table: A Consideration of Gender Issues in Negotiation |
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463 | (5) |
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Negotiation Through a Gender Lens |
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468 | (6) |
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Women Don't Ask: Negotiation and the Gender Divide |
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474 | (5) |
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Feminist Theory, Professional Ethics, and Gender--Related Distinctions in Attorney Negotiating Styles |
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479 | (6) |
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Reversing the Gender Gap in Negotiations: An Exploration of Stereotype Regeneration |
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485 | (13) |
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SECTION III. NEGOTIATION AS A COMMUNICATION PROCESS USED EXTENSIVELY BY LAWYERS |
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Attorneys as Negotiation Surrogates---The Tensions Inherent in the Lawyer's Professional Role |
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498 | (18) |
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499 | (2) |
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When Should We Use Agents? Direct vs. Representative Negotiation |
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501 | (5) |
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The Synthesis of Legal Counselling and Negotiating Models: Preserving Client-Centered Advocacy in the Negotiation Context |
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506 | (2) |
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Teaching Negotiators to Analyze Conflict Structure and Anticipate the Consequences of Principal--Agent Relationships |
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508 | (4) |
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512 | (4) |
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Attorneys as Bargaining Surrogates: The Unique Challenges Facing the Negotiating Litigator |
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516 | (48) |
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Bridging Troubled Waters: Negotiating Disputes |
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518 | (3) |
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A Context-Based Theory of Strategy Selection in Legal Negotiation |
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521 | (4) |
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Getting to No: A Study of Settlement Negotiations and the Selection of Cases for Trial |
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525 | (8) |
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The Case for Settlement Counsel |
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533 | (6) |
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Legal Representation and the Next Steps Toward Client Control: Attorney Malpractice for Failure to Allow the Client to Control Negotiation and Pursue Alternatives to Litigation |
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539 | (5) |
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Cyber E-Mail Negotiation vs. Traditional Negotiation: Will Cyber Technology Supplant Traditional Means of Settling Litigation? |
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544 | (3) |
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The Represented Client in a Settlement Conference: The Lessons of G. Heilman Brewing Co. v. Joseph Oat Corp |
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547 | (5) |
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Fee Arrangements and Negotiation |
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552 | (1) |
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How Would You Like to Pay for That? The Strategic Effects of Fee Arrangements on Settlement Terms |
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553 | (2) |
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555 | (9) |
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Critiques of Settlement Advocacy |
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564 | (25) |
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565 | (4) |
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Settlements and the Erosion of the Public Realm |
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569 | (4) |
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The Costs of Settlement: The Impact of Scarcity of Adjudication on Litigating Lawyers |
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573 | (3) |
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Whose Dispute is it Anyway?: A Philosophical and Democratic Defense of Settlement (in Some Cases) |
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576 | (5) |
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The Case for Trials: Considering the Intangibles |
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581 | (8) |
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Ethical Considerations in Lawyer's Negotiations---The Paradox of Candor |
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589 | (54) |
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593 | (1) |
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Bargaining and the Ethic of Process |
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593 | (2) |
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Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation |
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595 | (2) |
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The Bar's Attempts at Official Positions |
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597 | (1) |
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Model Rules of Professional Conduct |
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597 | (1) |
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American Bar Association Comm'n on Evaluation of Professional Standards (Kutak Commission), Model Rules of Professional Conduct |
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598 | (3) |
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Bargaining and the Ethic of Process |
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601 | (1) |
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The Lawyer's Obligation to be Trustworthy When Dealing With Opposing Parties |
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601 | (3) |
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Truthful Bargaining by Lawyers |
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604 | (2) |
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Private Settlement as Alternative Adjudication: A Rationale for Negotiation Ethics |
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606 | (2) |
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Lawyer Ethics in ADR and the Recommendations of Ethics 2000 to Revise the Model Rules of Professional Conduct: Considerations for Adoption and State Application |
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608 | (3) |
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Ethics in Settlement Negotiations: Foreword |
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611 | (4) |
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Settlement Ethics and Lawyering in ADR Proceedings: A Proposal to Revise Rule 4.1 |
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615 | (4) |
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If Not Rules, What About Norms? |
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619 | (1) |
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Bargaining and the Ethic of Process |
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619 | (2) |
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Three Ethical Issues in Negotiation |
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621 | (4) |
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Understanding and Dealing With Deception in Legal Negotiation |
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625 | (3) |
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Lawyer Ethics Must Keep Pace With Practice: Plurality in Lawyering Demands Diverse and Innovative Ethical Standards |
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628 | (6) |
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The Truth About Deception in Mediation |
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634 | (3) |
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637 | (1) |
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The Use of Lies in Negotiation |
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637 | (3) |
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Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation |
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640 | (3) |
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Regulating Lawyers' Negotiations |
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643 | |
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Other versions by this Author