Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande
Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande
John Lande
The legal education system is in a major crisis now, in part because law schools do not prepare students adequately to practice law. Law schools should do a better job of teaching negotiation, in particular, because it is a significant part of the work of virtually every practicing lawyer. This includes lawyers who handle civil and criminal matters and lawyers who do litigation as well as those who do transactional work. Negotiation is especially important because most litigated cases are settled and virtually all unstandardized transactions are negotiated. Most law school negotiation courses rely primarily or exclusively on simulations in …
Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky
Conceptual Foundations: Walton And Mckersie's Subprocesses Of Negotiations, Thomas A. Kochan, David B. Lipsky
David B Lipsky
[Excerpt] Walton and McKersie's 1965 book, A Behavioral Theory of Labor Negotiations, provides much of the conceptual underpinnings of what grew into the modern-day teaching of negotiations in business, public policy, law, and other professional schools. We therefore believe that it is useful to outline the basic concepts and ideas introduced by these authors. We do so, however, with a word of caution. There is no substitute for the original. Every student should have the pleasure of struggling (as we did the first time it was assigned to us as students) with the tongue twisters like "attitudinal structuring" and the …
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.
Venturing Home: Implementing Lessons From The Rethinking Negotiation Project, Kenneth H. Fox, Sharon Press
Venturing Home: Implementing Lessons From The Rethinking Negotiation Project, Kenneth H. Fox, Sharon Press
Kenneth H Fox
This article summarizes the lessons from a five year, four published volume, international "rethinking negotiation teaching" project, and then articulates the key principles that underlie a resulting "second generation" two-course negotiation sequence the authors designed and implemented. In addition to providing a conceptual framework for the courses, the article also includes detailed course descriptions and course syllabi.