Negotiation and Dispute Resolution for Lawyers

Barney Jordaan, Professor of Management Practice, Vlerick Business School, Belgium

• Contents: Foreword Preface PART I THE CHANGING WORLD OF LEGAL PRACTICE – CHALLENGES AND OPPORTUNITIES 1. Changes affecting the practice of law 2. The lawyer as problem solver 3. A different mindset and approach PART II HANDLING CONFLICT 4. Understanding conflict 5. Biases in decision-making PART III NEGOTIATION 6. Understanding negotiation 7. Negotiation preparation and planning 8. Negotiation planning 9. Developing a Negotiation Strategy 10. Executing the negotiation 11. Ethics in negotiation PART IV SKILLS AND COMPLICATING FACTORS 12. Essential skills for problem solving 13. Complicating factors PART V THE LAWYER AS PROCESS ARCHITECT AND ADVISER 14. Dispute resolution processes 15. Representing a client in mediation 16. Dispute process design 17. Legal fee arrangements Annexure A: Negotiation Preparation Template Annexure B: mediation checklist Annexure C: checklist for mixed-mode processes Annexure D: planned early dispute resolution system Annexure E: guided mediation draft clause Annexure F: Joan Ollins and Billy Branson Index

‘Comprehensive, well-written, and erudite. If you are student of negotiation and mediation or a dispute resolution practitioner this book provides you with all that you need to know about negotiating settlement of a dispute. This should be a core textbook on undergraduate law courses and belongs on the shelf of dispute resolution practitioners in all jurisdictions.’