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Beyond Winning
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargai...
Bargaining with the Devil
The art of negotiation—from one of the country’s most eminent practitioners and the Chair of the Harvard Law School’s Program on Negotiation. One of the country’s most eminent practitioners of the art and science of negotiation offers practical advice for the most challenging conflicts—when you are facing an adversary you don’t trust, who may harm you, or who you may even feel is evil. This lively, informative, emotionally compelling book identifies the tools one needs to make wise decisions about life’s most challenging conflicts.
Kissinger the Negotiator
Foreword by Henry Kissinger In this groundbreaking, definitive guide to the art of negotiation, three Harvard professors—all experienced negotiators—offer a comprehensive examination of one of the most successful dealmakers of all time. Politicians, world leaders, and business executives around the world—including every President from John F. Kennedy to Donald J. Trump—have sought the counsel of Henry Kissinger, a brilliant diplomat and historian whose unprecedented achievements as a negotiator have been universally acknowledged. Now, for the first time, Kissinger the Negotiator provides a clear analysis of Kissinger’s overall approach to making deals and resolving conflicts—expe...
Dividing the Child
Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this landmark work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. The first book to examine the social and legal realities of how divorcing parents make arrangements for their children, Dividing the Child is based on a large, representative study of families from a wide range of socioeconomic levels. Maccoby and Mnookin followed a group of more than one thousand families for three years after the parents filed for divorce. Their findings show how different d...
The Jewish American Paradox
Who should count as Jewish in America? What should be the relationship of American Jews to Israel? Can the American Jewish community collectively sustain and pass on to the next generation a sufficient sense of Jewish identity? The situation of American Jews today is deeply paradoxical. Jews have achieved unprecedented integration, influence, and esteem in virtually every facet of American life. But this extraordinarily diverse community now also faces four critical and often divisive challenges: rampant intermarriage, weak religious observance, diminished cohesion in the face of waning anti-Semitism, and deeply conflicting views about Israel. Can the American Jewish community collectively s...
Negotiating on Behalf of Others
Negotiating on Behalf of Others offers a framework for understanding the complexity and effects of negotiating on behalf of others and explores how current negotiation theory can be modified to account for negotiation agents. Negotiation agents are broadly defined to include legislators, diplomats, salespersons, sports agents, attorneys, and committee chairs—anyone who represents others in a negotiation. Five major negotiation arenas are examined in depth: labor-management relations, international diplomacy, sports agents, legislative process, and agency law. The book concludes with suggestions for future research and specific advice for practitioners. Chapter authors and commentators are ...
Negotiation Analysis
This masterly book substantially extends Howard Raiffa's earlier classic, The Art and Science of Negotiation. It does so by incorporating three additional supporting strands of inquiry: individual decision analysis, judgmental decision making, and game theory. Each strand is introduced and used in analyzing negotiations. The book starts by considering how analytically minded parties can generate joint gains and distribute them equitably by negotiating with full, open, truthful exchanges. The book then examines models that disengage step by step from that ideal. It also shows how a neutral outsider (intervenor) can help all negotiators by providing joint, neutral analysis of their problem. Although analytical in its approach--building from simple hypothetical examples--the book can be understood by those with only a high school background in mathematics. It therefore will have a broad relevance for both the theory and practice of negotiation analysis as it is applied to disputes that range from those between family members, business partners, and business competitors to those involving labor and management, environmentalists and developers, and nations.
Barriers to Conflict Resolution
Why can't we all just get along? In family life, schools, law, the business world, and domestic and international affairs, it is all too common for disputes to fester unresolved even when the parties are committed to a negotiated settlement. In this book members and associates of the Stanford Center on Conflict and Negotiation address the complex issues that protract disputes and turn potential win-win negotiations into conflicts that leave everyone worse off. Drawing on such diverse but related disciplines as economics, cognitive psychology, statistics, and game and decision-making theory, the book considers the barriers to successful negotiation in such areas as civil litigation, family law, arms control, labor-management disputes, environmental treaty making, and politics. When does it pay for parties to a dispute to cooperate, and when to compete? How can third-party negotiators further resolutions and avoid the pitfalls that deepen the divisions between antagonists? Offering answers to these and related questions, this book is a comprehensive guide to the latest understanding of ways to resolve human conflict.
The Two Sexes
How does being male or female shape us? And what, aside from obvious anatomical differences, does being male or female mean? In this book, the distinguished psychologist Eleanor Maccoby explores how individuals express their sexual identity at successive periods of their lives. A book about sex in the broadest sense, The Two Sexes seeks to tell us how our development from infancy through adolescence and into adulthood is affected by gender. Chief among Maccoby's contentions is that gender differences appear primarily in group, or social, contexts. In childhood, boys and girls tend to gravitate toward others of their own sex. The Two Sexes examines why this segregation occurs and how boys' gr...
