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Full-Text Articles in Law
Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz
Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz
Nancy Schultz
To what degree does legal authority dictate the outcomes of negotiations? Scholars have discussed the issue, and law students argue about it in their negotiation classes. A survey of practicing lawyers reveals that knowing the law is an important part of the preparation for negotiation, but that legal authority is not the primary determinant of negotiated outcomes in practice. Financial constraints, bargaining power, and negotiating skill are all reported as having a greater effect on negotiated outcomes than the law.
Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz
Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz
Nancy Schultz
Advocacy skills are crucial to law students and lawyers. One of the ways law students develop those skills is in the context of lawyering skills competitions. Coaching advocacy teams is something many of us do by instinct and experience. This article explores whether there is any psychological research that might offer more systematic guidance for advocacy coaches. Positive psychology does offer some principles that suggest useful approaches to coaching. Taken together with the aforementioned instinct and experience, these principles can help coaches be more effective in training young lawyers for litigation and dispute resolution practice.