Legal Negotiation and Settlement

Legal Negotiation and Settlement
Author: Gerald R. Williams
Publisher: West Academic Publishing
Total Pages: 0
Release: 1983
Genre: Compromise (Law)
ISBN: 9780314680938

This work is written primarily for law students who are learning negotiating skills in clinical courses, but it will serve equally well for lawyers and others who are interested in the topic of negotiation. The book has three main areas of emphasis. First, negotiating behavior of practicing lawyers fall into two main patterns-?cooperative? and ?aggressive?-and implications of those patterns is discussed. The author then covers the four stages of the negotiation process, and lastly lays out the legal rules and economic principles that apply to the negotiated settlement of disputes. The Appendices include transcripts to two lawyer-to-lawyer negotiations.

Negotiation and Settlement Advocacy

Negotiation and Settlement Advocacy
Author: Charles B. Wiggins
Publisher: West Academic Publishing
Total Pages: 0
Release: 2005
Genre: Dispute resolution (Law)
ISBN: 9780314147288

This collection of negotiation materials represents what the authors consider the most instructive and provocative writings in the field. Includes interesting case studies and intriguing treatments of peripheral topics. Each chapter is introduced by a short conceptual orientation. Organized to reflect over a decade of experience teaching in several law schools, and providing negotiation training for law firms, businesses, bar associations, and government officials. The organizational format has proved resilient across cultures, in work conducted for political, academic, social, and business leaders throughout Central Europe, the former Soviet Union, Asia, and India. For use as a foundation to build a supplemental collection.

Getting to Yes

Getting to Yes
Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
Total Pages: 242
Release: 1991
Genre: Business & Economics
ISBN: 9780395631249

Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

International Dispute Settlement

International Dispute Settlement
Author: J. G. Merrills
Publisher: Cambridge University Press
Total Pages: 387
Release: 2011-03-17
Genre: Law
ISBN: 1139500120

A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Legal Negotiation in a Nutshell

Legal Negotiation in a Nutshell
Author: Larry L. Teply
Publisher: Thomson Publishing Group
Total Pages: 324
Release: 1992
Genre: Language Arts & Disciplines
ISBN:

Representing Clients in Legal Negotiations; Obligation of Competent Representation. Basic Types of Legal Negotiation; Basic Elements of Case Value; Case Evaluation Methods; Goals; Interests; Target Points; Minimum Dispositions; Best Alternative to a Negotiated Agreement; Settlement Offers and Discussions as Evidence at Trial; Procedural Rules Affecting Offers of Compromise; Effect of Negotiations on the Statute of Limitations; Legal Disputes that Should Not Be Negotiated; Legal Negotiating Styles; Legal Negotiating Strategies; Stages of Legal Negotiation; Interplay Between the Litigation Process and the Stages of Negotiation; Environmental Considerations; Ground Rules; Communication and Information Exchange; Truth in Legal Negotiations; Intimidation; Face Saving; Threats and Promises; Conflict Escalation and Entrapment; Narrowing the Differences; Reaching Agreement; Defects in Settlements; Fairness in Negotiating Results.

The Settlement of Disputes in International Law

The Settlement of Disputes in International Law
Author: John G. Collier
Publisher: Oxford University Press, USA
Total Pages: 428
Release: 2000
Genre: Law
ISBN: 9780198299271

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.