The Way of Legal Negotiation

Author: Trib
Publisher:
Publish Date: 2006-09-01
Features: This book covers legal negotiation skills, which are essential for lawyers. In the UK, the majority of litigation claims are resolved pre-trial. The 1989 Green Paper on the Work and Organization of the Legal Profession suggested that lawyers should learn negotiation skills and recommended conducting such training. As early as the early 1950s, the United States recognized the importance of training future lawyers in negotiation skills. However, in the UK, until about a decade ago, the education of negotiation methods and techniques was introduced into (some) undergraduate law programs. Negotiation has become an essential element of professional training, and this is a recent development. This book covers legal negotiation skills, which are essential for lawyers. In the UK, the majority of litigation claims are resolved pre-trial. The 1989 Green Paper on the Work and Organization of the Legal Profession suggested that lawyers should learn negotiation skills and recommended conducting such training. As early as the early 1950s, the United States recognized the importance of training future lawyers in negotiation skills. However, in the UK, until about a decade ago, the education of negotiation methods and techniques was introduced into (some) undergraduate law programs. Negotiation has become an essential element of professional training, and this is a recent development.
This book is divided into three parts, guiding readers from reviewing theoretical models of negotiation and basic negotiation processes to observing and evaluating negotiation, and finally to practicing and self-testing. Chapter 1 reviews the three major models of negotiation: competitive, cooperative, and problem-solving, providing a brief theoretical foundation for the subsequent chapters. The following Chapters 2 to 4 examine the importance of verbal and non-verbal skills in the negotiation process, summarize the preparatory planning stage that must be completed before successful negotiation, and outline a typical negotiation process. Chapter 5 introduces a real-life negotiation case of personal injury. In the third part, Chapter 6 provides readers with the opportunity to practice negotiation through examples; Chapter 7 introduces more complex techniques used by experienced lawyers. Finally, Chapter 8 helps readers evaluate their own negotiation performance; Chapter 9 provides feedback on the case studies.