The art of negotiation—from one of the country’s most eminent practitioners and the Chair of the Harvard Law School’s Program on Negotiation. One of the country’s most eminent practitioners of the art and science of negotiation offers practical advice for the most challenging conflicts—when you are facing an adversary you don’t trust, who may harm you, or who you may even feel is evil. This lively, informative, emotionally compelling book identifies the tools one needs to make wise decisions about life’s most challenging conflicts.
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. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
Who should count as Jewish in America? What should be the relationship of American Jews to Israel? Can the American Jewish community collectively sustain and pass on to the next generation a sufficient sense of Jewish identity? The situation of American Jews today is deeply paradoxical. Jews have achieved unprecedented integration, influence, and esteem in virtually every facet of American life. But this extraordinarily diverse community now also faces four critical and often divisive challenges: rampant intermarriage, weak religious observance, diminished cohesion in the face of waning anti-Semitism, and deeply conflicting views about Israel. Can the American Jewish community collectively sustain and pass on to the next generation a sufficient sense of Jewish identity in light of these challenges? Who should count as Jewish in America? What should be the relationship of American Jews to Israel? In this thoughtful and perceptive book, Robert H. Mnookin argues that the answers of the past no longer serve American Jews today. The book boldly promotes a radically inclusive American-Jewish community -- one where being Jewish can depend on personal choice and public self-identification, not simply birth or formal religious conversion. Instead of preventing intermarriage or ostracizing those critical of Israel, he envisions a community that embraces diversity and debate, and in so doing, preserves and strengthens the Jewish identity into the next generation and beyond.
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. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this landmark work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. The first book to examine the social and legal realities of how divorcing parents make arrangements for their children, Dividing the Child is based on a large, representative study of families from a wide range of socioeconomic levels. Maccoby and Mnookin followed a group of more than one thousand families for three years after the parents filed for divorce. Their findings show how different divorce agreements are reached, from uncontested dealings to formal judicial rulings, and how various custody arrangements fare as time passes and family circumstances change. Numerous examples of joint custody and father custody are considered in this account, along with the mother-custody families more commonly studied; and in most cases the point of view of both parents is presented. Among families in which children spend time in both parental households, the authors identify three different patterns of co-parenting: cooperative, conflicted, and disengaged. They find that although divorcing parents seldom engage in formal legal disputes, they are generally unable to cooperate effectively in raising their children. Full of interesting findings with far-reaching implications, this book will be invaluable to the lawyers, judges, social workers, and parents who, more and more often, must make wise and informed decisions concerning the welfare and care of children of divorce.
Foreword by Henry Kissinger In this groundbreaking, definitive guide to the art of negotiation, three Harvard professors—all experienced negotiators—offer a comprehensive examination of one of the most successful dealmakers of all time. Politicians, world leaders, and business executives around the world—including every President from John F. Kennedy to Donald J. Trump—have sought the counsel of Henry Kissinger, a brilliant diplomat and historian whose unprecedented achievements as a negotiator have been universally acknowledged. Now, for the first time, Kissinger the Negotiator provides a clear analysis of Kissinger’s overall approach to making deals and resolving conflicts—expertise that holds powerful and enduring lessons. James K. Sebenius (Harvard Business School), R. Nicholas Burns (Harvard Kennedy School of Government), and Robert H. Mnookin (Harvard Law School) crystallize the key elements of Kissinger’s approach, based on in-depth interviews with the former secretary of state himself about some of his most difficult negotiations, an extensive study of his record, and many independent sources. Taut and instructive, Kissinger the Negotiator mines the long and fruitful career of this elder statesman and shows how his strategies apply not only to contemporary diplomatic challenges but also to other realms of negotiation, including business, public policy, and law. Essential reading for current and future leaders, Kissinger the Negotiator is an invaluable guide to reaching agreements in challenging situations.
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
A landmark publication in its first edition, this was one of the first books to explore the full range of legal questions relating to children. This casebook presents an outstanding selection of cases and materials that reflect social and historical perspectives, law, and policy. Features:“/p> Life without Possibility of Parole for Persons Who Commit Crimes as Juveniles Graham v. Florida, 130 S. Ct. 2011 (2010) Miller v. Alabama, 132 S. Ct. 2455 (2012) Juveniles' Fourth Amendment Rights Safford Unified School District v. Redding, 557 U.S. 364 (2009) Juveniles Miranda Rights J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011) Juveniles First Amendment Rights Brown v. Entertainment Merchants Assn.,131 S. Ct. 2729 (2011) The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
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