Beyond Winning: Negotiating to Create Value in Deals and Disputes

by Scott R. Peppet, Robert Mnookin, Andrew S. Tulumello

Book Overview

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...

• Format: Paperback
• Language: English
• ISBN: 0674012313
• ISBN13: 9780674012318
• Release Date: April 2004
• Publisher: Belknap Press
• Length: 354 Pages
• Weight: 0.96 lbs.
• Dimensions: 1.0" x 6.0" x 9.2"

Customer Reviews

Must Have

This is a book that should be read by every lawyer. It offers practical, useful advice for an approach to negotiation that moves above and beyond the game playing and posturing that too often characterizes a negotiation. The book also offers a useful discussion of the issues raised for a lawyer in negotiating on behalf of a client. All in all, this is a must have, must read for any lawyer.

A Breakthrough Book

Mnookin's book is a "breakthrough book" because it redraws the context and framework of most disputes and conflicts and their resolution. Rather than attorneys acting as amplification agents for their clients, in Mnookin's scenario, attorneys are tapped to bring high-level creative problem-solving skills to complex situations at an impasse. It's the first book I've read on the subject that can actually help people approach belligerent, impassioned, irrational opponents with tactics that are systematic yet creative, assertive, and productive. This is a book to be read closely and kept handy. It is also tightly written, and well-researched and documented.

Great new insights on negotiation

Beyond Winning is a great addition to the negotiation literature. This work helps understand the complexities of all negotiations, but is especially valuable for understand negotiations through intermediaries. This book should be required reading of all lawyers - this would help make the world a better place. THis book will also be of great value to anyone who needs to dealw ith lawyers on a regular basis.

A Winner

This book is a winner! I am not a lawyer, but I read Beyond Winning, underlined it, and used it as a guide during a difficult set of negotiations. It gave me useful ideas and language. More importantly, it helped me be both assertive and flexible. By taking me through situations that others faced and showing me the steps that they used to resolve their conflicts, I learned about myself and the person I was confronting. In my case, although neither of us came out with all we sought, both of us came out ahead. And we had the satisfaction of resolving our differences peacefully, quickly, and out of court. I recommend Beyond Winning enthusiastically!

Lawyers: Expand the Pie and Cut Transaction Costs First!

I have had the pleasure of taking a minicourse using these methods from Professor Mnookin, and can attest to the excellence of the concepts suggested here. Anyone who benefited from and enjoyed the groundbreaking work in Getting to Yes will appreciate and value this follow-on work in more beneficial negotiations. You will find BATNAs again (Best Alternative to a Negotiated Agreement), but also great tools for maneuvering with your client, the other attorney, and the problem at hand. This is a book for lawyers, but indirectly it is also a book for clients and what they should look for and expect from their attorney in a dispute. When I went to law school, every case was treated as though it had the potential to go to the Supreme Court. With the exception of a brief class in decision theory, there was no training in anything other than preparing to wage World War III on behalf of the client. Now even preparing to wage World War III is very expensive, and may chew up a lot of the benefits of contesting the issue. The ideas here go well beyond that perspective. "At its core, problem-solving implies an orientation or mindset -- it is not simply a bundle of techniques." "The goal is to search for solutions that save the clients interests while also respecting the legitimate needs and interests of the other side." "Rather than starting a war at the outset, you can begin your legal negotiations by trying to get your clients' problem solved as efficiently and creatively as possible." A strength of this book is to realize that although it would be great if every lawyer took this approach, more will not than will for the immediate future. So the process takes that into account. If the other side cannot and will not look for better solutions, you can take a principled approach that may still create some better results than would otherwise occur. For example, you might explain to the recalcitrant opposing attorney what you will do if they remain recalcitrant while explaining what else you will do instead if they do cooperate. I know from the course I took that the biggest barrier is that the clients and the attorneys are reluctant to candidly share information with each other. It is from that sharing that ways of creating mutually more beneficial results can happen. For example, in one hypothetical example, a man wants to rent an apartment. He is short of money and furniture. The woman he wants to rent it from has the furniture he needs and lacks a place to store her furniture. She wants more money, and he doesn't want to pay too much. Obviously, there's a middle ground where they are both better off if they can agree. That's the type of situation where this book is aimed. Obviously, if the two parties are going to have more dealings in the future, there is greater room for mutual accommodations that are beneficial. More and more fields in law are becoming subject to a search for resolution rather t