Beyond Winning: Negotiating to Create Value in Deals and Disputes

Robert H. Mnookin · Scott R. Peppet · Andrew S. Tulumello

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Conflict Management and Negotiation Dispute Resolution and Class Actions Law, Economics, and Judicial Systems

Abstract

Preface Introduction I. The Dynamics of Negotiation 1. The Tension between Creating and Distributing Value 2. The Tension between Empathy and Assertiveness 3. The Tension between Principals and Agents II. Why Lawyers? 4. The Challenges of Dispute Resolution 5. The Challenges of Deal-Making 6. Psychological and Cultural Barriers III. A Problem-Solving Approach 7. Behind the Table 8. Across the Table 9. Advice for Resolving Disputes 10. Advice for Making Deals IV. Special Issues 11. Professional and Ethical Dilemmas 12. Organizations and Multiple Parties Conclusion Notes Index

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