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Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition

  • Jay Folberg
  • Jennifer Reynolds
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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Designed to prepare law students to negotiate knowledgably and successfully as lawyers representing clients, Lawyer Negotiation: Theory, Practice, and Law, Fourth Edition features an integrated approach that combines theory, skills, negotiation strategy, ethics, and law. A sleek, readable, and lively text for any law school Negotiation course, this book reflects the authors’ experience as negotiators, mediators, ADR teachers, and trainers. Interesting notes, thoughtful problems, provocative questions, and new video resources throughout the text raise practical negotiation challenges and policy issues. The focus is on negotiating legal claims and issues on behalf of clients. Previous editions have proven popular because of the very readable and lively text, interesting notes, thoughtful problems, and provocative questions that raise practical negotiation challenges and issues, which are updated in this new edition. Carefully curated excerpts from other leading authors are included, allowing for diverse ideas to be presented on negotiation techniques and eliminating the need for supplemental material. Vivid examples are included from real cases and literature, which bring negotiation concepts and applications to life. The book is designed for experiential, interactive teaching utilizing provided role-plays, exercises, problems, and streaming video examples. In addition to direct negotiation, how to advantageously use assisted negotiation in the form of mediation advocacy is included.

New to the Fourth Edition:

  • Fresh material and perspective benefiting from a new co-author
  • Each chapter has been updated with new insights and examples
  • More video-based examples, problems, and resources—linked video excerpts can now be streamed showing different negotiation styles and techniques
  • Streamlined presentation of outside excerpts
  • Greater coverage of distance negotiation, including email and remote contexts
  • Increased focus on #MeToo, gender, social activism, historical inequities, anti-racism, cultural and style differences, online negotiation, technological advances, and other crucial issues affecting negotiation and dispute resolution today
  • Excerpts have been condensed or summarized to shorten reading assignments, allowing more time for experiential learning

Professors and student will benefit from:

  • Step-by-step organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course
  • Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients as negotiators
  • Practice-based approach which helps students apply the concepts
  • Exercises and accompanying role-plays that facilitate classroom discussion
  • Assessment tools to aid in student learning and understanding
  • Videos that show experienced lawyers, negotiators, and mediators performing role plays
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Fourth Edition
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Connected eBook + Hardcover
Connected eBook (Digital Only)
Dispute Resolution , Negotiation
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