Negotiation: Theory and Strategy (Aspen Casebook Series)

✍ Scribed by Russell Korobkin

• Publisher: Aspen Opco Llc
• Year: 2014
• Tongue: English
• Leaves: 795
• Edition: 3
• Category: Library

✦ Synopsis

When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class.

Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook.

Unlike other books that focus on the nuts-and-bolts of the negotiation process, this text’s conceptual approach draws on psychology, cutting-edge scholarship, and law to create an analytical framework with which students can learn to think about negotiation strategy before applying the framework to specific negotiation problems and contexts.

Features:

• Restructured treatment of the psychology of persuasion
• Part III framed to emphasize the critical importance of the relationship between negotiators
• Treatment of “trust” expanded with more discussion of extensive experimental data
• New treatment of the how to deal with the negative emotions that result from conflict
• Completely new simulations added to reinforce bargaining zone analysis, persuasion techniques, coping with emotions, and principal-agent relationships in negotiation

✦ Table of Contents

Title Page
Copyright Page
About Aspen Publishing
Dedication Page
Contents
Preface
Acknowledgments
PART I: INTRODUCTION
Chapter 1: Toward a Conceptual Approach to Negotiation
A. The Steps of Negotiation: An Overview
1. Preparation
2. Information Exchange
3. Agreement Proposals
4. Resolution
B. Conceptual Models of Negotiation
Carrie Menkel-Meadow, Toward Another View of Legal Negotiation: The Structure of Problem-Solving
Russell Korobkin, A Positive Theory of Legal Negotiation
Robert H. Mnookin, Why Negotiations Fail: An Exploration of Barriers to the Resolution of Conflict
Discussion Questions and Problems
PART II: THE STRUCTURE OF NEGOTIATION
Chapter 2: Estimating the Bargaining Zone
A. BATNAs and Reservation Prices
Russell Korobkin, A Positive Theory of Legal Negotiation
Notes
B. Calculating Reservation Price: A Prescriptive Approach
1. Step 1: The Baseline
2. Step 2: Adjusting from the Baseline
Notes
Discussion Questions and Problems
Chapter 3: Persuasion
A. Persuasion in a World of Hyper-Rational Negotiators
B. The Psychology of Persuasion
1. Prediction Heuristics
Craig R. Fox & Richard Birke, Forecasting Trial Outcomes: Lawyers Assign Higher Probability to Possibilities That Are Described in Greater Detail
George Loewenstein, Samuel Issacharoff, Colin Camerer & Linda Babcock, Self-Serving Assessments of Fairness and Pretrial Bargaining
Notes
2. Reference Point Heuristics
Russell Korobkin & Chris Guthrie, Psychological Barriers to Litigation Settlement: An Experimental Approach
Russell Korobkin, Inertia and Preference in Contract Negotiation: The Psychological Power of Default Rules and Form Terms
Notes
3. Social Signals
Lee Ross, Reactive Devaluation in Negotiation and Conflict Resolution
Notes
4. Affect
Frank Kressman et al., Direct and Indirect Effects of Self-Image Congruence on Brand Loyalty
James H. Stark & Douglas N. Frenkel, Changing Minds: The Work of Mediators and Empirical Studies of Persuasion
Mary Frances Luce et al., Emotional Trade-off Difficulty and Choice
Discussion Questions and Problems
Chapter 4: Integrative Bargaining
A. The Role of Differences
David A. Lax & James K. Sebenius, The Manager as Negotiator
Gerald B. Wetlaufer, The Limits of Integrative Bargaining
Notes
B. Frameworks for Identifying Integrative Opportunities
1. Focusing on Core Interests Rather than Positions
Roger Fisher, William Ury & Bruce Patton, Getting to Yes
2. Changing the Contents of Negotiation ‘‘Packages’’
Notes
C. Sources of Integrative Value in Legal Transactions
1. Adverse Selection
2. Moral Hazard
3. Uncertainty
Notes
Discussion Questions and Problems
Chapter 5: Power
A. Changing the Bargaining Zone
B. Manipulating Perceptions of the Bargaining Zone
Russell Korobkin, A Positive Theory of Legal Negotiation
Notes
C. Commitments
Thomas Schelling, The Strategy of Conflict
Notes
D. Patience
1. The Cost of Lost Time
2. The Cost of Negotiating
Notes
E. The Pitfalls of Power
1. Miscalculation of the Bargaining Zone Can Lead to Impasse
2. Claims of Disinterest Might Not Be Credible
3. Power Tactics Can Produce an Emotional Response That Leads to Impasse
4. Power Tactics Can Negatively Affect Relationships and Reputations
5. Power Tactics Can Affect Performance of Agreements
Notes
Discussion Questions and Problems
Chapter 6: Fair Division and Related Social Norms
A. Meta-norms of Distributive Justice
Notes
B. Convention
Daniel Kahneman, Jack L. Knetsch & Richard H. Thaler, Fairness as a Constraint on Profit Seeking: Entitlements in the Market
Roger Fisher, William Ury & Bruce Patton, Getting to Yes
Steven Lubet, Notes on the Bedouin Horse Trade or ‘‘Why Won’t the Market Clear, Daddy?’’
Notes
C. Reciprocity as a Process Norm
Robert B. Cialdini, Influence: Science and Practice
Notes
D. Combining Fair Division with Integration
Discussion Questions and Problems
PART III: THE NEGOTIATORS AND THEIR RELATIONSHIP
Chapter 7: Trust
A. The Negotiator’s Dilemma
David A. Lax & James K. Sebenius, The Manager as Negotiator
Notes
B. The Potential for Trust Between Negotiators
1. Ongoing Relationships and Reputation
2. Contract
3. Prosocial Behavior
Notes
C. Strategies for Building Trust
1. Demonstrating Behaviors Consistent with Trustworthiness
2. Reducing Social Distance
3. Changing Social Context
4. Extending Trust
Robert Axelrod, The Evolution of Cooperation
Notes
Discussion Questions and Problems
Chapter 8: Emotions of Conflict
A. The Source of Anger in Conflict
1. The Desire for Interactional Justice
Notes
2. Attribution Biases
Russell Korobkin, Psychological Barriers to Mediation Success: Theory and Practice
Notes
B. Managing the Emotions of Conflict
1. Confronting the Counterpart’s Emotions
James H. Stark & Douglas N. Frenkel, Changing Minds: The Work of Mediators and Empirical Studies of Persuasion
Notes
2. Managing the Negotiator’s Own Emotions
Fred Luskin, Forgive for Good
Notes
Discussion Questions and Problems
Chapter 9: Negotiator Style
A. Conflict Orientation
1. Cooperation Versus Competition
Gerald R. Williams, Legal Negotiation and Settlement
2. Empathy Versus Assertiveness
Robert H. Mnookin, Scott R. Peppet & Andrew S. Tulumello, The Tension Between Empathy and Assertiveness
Notes
B. Aspiration Levels
Russell Korobkin, Aspirations and Settlement
Notes
Discussion Questions and Problems
Chapter 10: Group Membership
A. Gender
Linda Babcock & Sara Laschever, Women Don’t Ask: Negotiation and the Gender Divide
Notes
B. Culture
Jeanne M. Brett, Culture and Negotiation
Jeswald W. Salacuse, Making Deals in Strange Places: A Beginner’s Guide to International Business Negotiations
Michele J. Gelfand & Sophia Christakopoulou, Culture and Negotiator Cognition: Judgment Accuracy and Negotiation Processes in Individualistic and Collectivistic Cultures
Notes
Discussion Questions and Problems
PART IV: ADDITIONAL PARTIES
Chapter 11: The Principal-Agent Relationship
A. The Benefits of Lawyer-Agents
1. Technical Expertise
2. Negotiation Expertise
3. Signaling
4. Dispassionate Analysis
5. Justification Generation
6. Access
7. Strategic Advantage
8. Cost Effectiveness
Ronald J. Gilson & Robert H. Mnookin, Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation
Ronald J. Gilson, Value Creation by Business Lawyers: Legal Skills and Asset Pricing
Notes
B. The Principal-Agent Tension
1. Different Preferences
2. Different Interests
3. Different Personalities
4. Expense
Evans v. Jeff D.
Russell Korobkin & Chris Guthrie, Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer
Notes
Discussion Questions and Problems
Chapter 12: Multilateral Negotiations
A. Coalition Formation
1. The Problem of Unstable BATNAs
2. Power Dynamics: Whether to Join a Coalition
3. Building Coalitions
James K. Sebenius, Sequencing to Build Coalitions: With Whom Should I Talk First?
Notes
B. Fair Division
C. Managing Communication
Howard Raiffa with John Richardson & David Metcalf, Negotiation Analysis: The Science and Art of Collaborative Decision Making
Donald G. Gifford, Legal Negotiation: Theory and Applications
Notes
Discussion Questions and Problems
Chapter 13: The Use of Mediation in Negotiation
A. The Potential Benefits of Mediation
1. Facilitate Introspection and Analysis
2. Facilitate Communication
3. Evaluate Issues Relevant to the Parties’ Reservation Prices
4. Filter Private Information
5. Create Focal Points
6. Reduce Reactive Devaluation
7. Deter Extreme Distributive Tactics
8. Help Negotiators Save Face
Notes
B. Mediator Strategies
Leonard L. Riskin, Understanding Mediators’ Orientations, Strategies, and Techniques: A Grid for the Perplexed
Christopher W. Moore, The Caucus: Private Meetings That Promote Settlement
Notes
C. Transactional Mediation
Scott R. Peppet, Contract Formation in Imperfect Markets: Should We Use Mediators in Deals?
Notes
Discussion Questions and Problems
PART V: THE LAW OF NEGOTIATION
Chapter 14: Deceit
Restement (Second) of Torts
Restatment (Second) of Contracts
Restatement (Second) of Agency
ABA, Model Rules of Professional Conduct
A. Representations About the Negotiation’s Subject Matter
Vulcan Metals Co. Inc. v. Simmons Manufacturing Co., Inc.
Notes
B. Representations Related to the Speaker’s Reservation Price
Kabatchnick v. Hanover-Elm Building Corp.
Notes
C. Nondisclosure
Swinton v. Whitinsville Savings Bank
Weintraub v. Krobatsch
V.S.H. Realty v. Texaco
Notes
D. Sanctions for Deceit
Cresswell v. Sullivan & Cromwell
Notes
E. Misrepresenting the Objective: “Bad Faith” Negotiation
SIGA Technologies, Inc. v. Pharmathene, Inc.
Notes
F. The Ethics of Misrepresentation
James J. White, Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation
Charles B. Craver, Negotiation Ethics: How to Be Deceptive Without Being Dishonest/How to Be Assertive Without Being Offensive
Gerald B. Wetlaufer, The Ethics of Lying in Negotiations
Reed Elizabeth Loder, Moral Truthseeking and the Virtuous Negotiator
Notes
Discussion Questions and Problems
Chapter 15: Rules Encouraging Litigation Settlement
A. Fee Shifting and “Offer of Settlement” Rules
Edward F. Sherman, From “Loser Pays” to Modified Offer of Judgment Rules: Reconciling Incentives to Settle with Access to Justice
Notes
B. Judicial Settlement Conferences
Federal Rules of Civil Procedure
In re Novak
Notes
Nick v. Morgan’s Foods, Inc
Notes
C. Inadmissibility of Settlement Negotiations
Federal Rules of Evidence
Thomas v. Resort Health Related Facility
Affiliated Manufacturers, Inc. v. Aluminum Co. of America
Notes
Discussion Questions and Problems
Chapter 16: Limitations on Settlement
A. Judicial Review of Settlements
1. Power Imbalances
Lewis v. Lewis
2. Principal-Agent Conflicts
Mars Steel Corp. v. Continental Illinois National Bank
3. Protecting the Public Interest
United States v. Microsoft Corp.
Notes
B. Settlement in Multiple-Defendant Litigation
Elbaor v. Smith
Notes
Discussion Questions and Problems
Table of Cases
Index