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

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Authors
  • Jay Folberg
  • Jennifer Reynolds
Series / Aspen Casebook Series
BOOKMARK
Book length
264 pages
Publication Date
2021-09-21
Edition
Fourth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

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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Table of Contents
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Preface
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About the authors
Jay Folberg
Professor Emeritus
University of San Francisco

Jay Folberg is Professor Emeritus and former Dean at the University of San Francisco School of Law. In addition to being an active mediator and arbitrator for 40 years, he served as the Founding Executive Director of the JAMS Institute and is Chair of the JAMS Foundation. Professor Folberg was appointed by the Chief Justice of the California Supreme Court to chair a state wide task force on Alternative Dispute Resolution, and also to chair the Judicial Council’s Blue Ribbon Panel on Arbitration Ethics. He was honored in 2003 with the California Judicial Council’s Amicus Curiae Award, its highest honor to a lawyer, "for his leadership in the field of alternative dispute resolution and his outstanding contributions to the California courts.” Professor Folberg is also the recipient of the Academy of Family Mediators Distinguished Mediator Award, the Mediation Society’s Outstanding Contribution to Mediation Award, and the Lifetime Achievement Award of the American College of Civil Trial Mediators. He has conducted mediation and negotiation trainings around the world and authored many ADR books and articles.

Jennifer Reynolds
Associate Dean
University of Oregon School of Law

Jennifer Reynolds is Professor of Law and Associate Dean of Faculty Research and Programs at the University of Oregon School of Law. She also serves as the Faculty Director of the nationally ranked Oregon ADR Center, which in June 2016 received the Ninth Circuit Award for Excellence in ADR Education. She is a dedicated teacher and has received the University of Oregon's Ersted Award for Distinguished Teaching and the law school's Orlando J. Hollis Teaching Award. Additionally, Reynolds is an avid scholar and has written extensively on cultural implications of alternative processes, with recent focus on high-profile public conflicts. She has served as the national chair of the ADR Section of the Association of American Law Schools and as co-chair for the Legal Education Policy Committee for the ABA Section on Dispute Resolution, and she is an active blogger for the ADR professor blog,&a href="http:indisputably.org" target="_blank"indisputablya.& In 2016, Reynolds was appointed as the interim ombudsperson at the University of Oregon. During academic year 2017-18, she was a visiting professor at Harvard Law School, teaching civil procedure; narrative mediation; criminal-side ADR; and a reading group on critiques of alternative processes. She received her law degree cum laude from Harvard Law School, her master's degree in English from the University of Texas at Austin, and her bachelor's degree from the University of Chicago. While at Harvard, Reynolds served as an editor of the&emHarvard Law Reviewem; as a research assistant for Professor Arthur Miller on his treatise,&emFederal Practice and Procedureem; and as a teaching assistant, researcher, and Harvard Negotiation Research Project Fellow for the Program on Negotiation.

Product Information
Edition
Fourth Edition
Publication date
2021-09-21
Copyright Year
2022
Pages
264
Connected eBook + Hardcover
9781543809077
Connected eBook (Digital Only)
9781543849509
Subject
Dispute Resolution , Negotiation
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