Softcover

ISBN 10: 0674012313 ISBN 13: 9780674012318

Publisher: Harvard University Press, 2004

Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.

Review:

"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." - William J. Estes, New York Law Journal; "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

About the Author:

Robert H. Mnookin is Williston Professor of Law at Harvard Law School and Director of the Harvard Negotiation Research Project. Scott Peppet is Associate Professor, University of Colorado School of Law. Andrew S. Tulumello is an attorney in private practice.