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Full-Text Articles in Law
Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert
Collaborative Lawyering: A Process For Interest-Based Negotiation, Jim Hilbert
Faculty Scholarship
This article discusses the growing popularity of interest-based negotiation among attorneys and outlines an approach for implementing interest-based negotiating more effectively. The article begins with an overview of interest-based negotiation and its evolution in legal practice. The article addresses the barriers that often stand between lawyers and the practice of interest-based negotiation and how clients, too, may contribute their own limitations to the mix. The article then discusses particular aspects of interest-based approaches and outlines a step-by-step process for implementing interest-based negotiating.
Navigating The Murky Waters Of Untruth In Negotiation: Lessons For Ethical Lawyers, Deborah A. Schmedemann
Navigating The Murky Waters Of Untruth In Negotiation: Lessons For Ethical Lawyers, Deborah A. Schmedemann
Faculty Scholarship
This article answers the following questions: What does the law-both general principles applicable to truthfulness in negotiation and professional responsibility rules- say about this dilemma? What do we know about the practice of truthfulness in lawyer negotiations? What have social scientists learned about deception in negotiations over the last few decades? Finally, what lessons can be drawn for lawyers seeking to behave ethically, as well as for those interested in assisting lawyers navigate the “murky waters of untruth?