FURTHER READING

Books

Peter T. Coleman and Morton Deutsch, The Handbook of Conflict Resolution, Theory and Practice (2000).

Harold Abramson, Mediation Representation: Advocating In A Problem-Solving Process (NITA 2004).

Bastrass, R. & Harbaugh, J., Interviewing, Counseling, and Negotiating (1990).

John W. Cooley, Mediation Advocacy 2d ed. (NITA, 2002).

Roger Fisher and William Ury, Getting to Yes (NY: Penguin, 1983).

Thomas F. Guernsey and Paul J. Zwier, Advanced Negotiation and Mediation Theory and Practice, (NITA, forthcoming in 2005).

Robert H. Mnookin, Beyond Winning, (Harvard Press 2000).

Gerald R. Williams, Handbook on Effectiveness in Legal Negotiation: A System for Maximizing Negotiator Effectiveness (1977).

Articles

Articles found in Charles B. Wiggins and L. Randolph Lowry, eds. Negotiation and Settlement Advocacy: A Book of Readings (2005)

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1. Robert M. Bastress and Joseph D. Harbaugh, Interviewing, Counseling, and Negotiation: Skills for Effective Representation 488–522 (1990).

2. The new Federal Rules of Civil Procedure tries to change this by requiring information exchanges. Still the risk of discovery is that the other side has not revealed everything, and so the court must test its evidence at trial.

3. For example, evidence that one of the parties is a saint or that one is not a nice person.

4. These multipliers may be less relevant in commercial litigation where the sympathy factors or the community’s views have less effect when the dispute is between two parties that can take care of themselves. Or maybe they still do play a role, especially depending on the good will that company may have built up because of its community involvement and corporate image.

5. In fact, the centers statistics seemed to indicate that plaintiffs have a better chance to win if they try their case just to a judge.

6. For example, Time Magazine Poll, Spring 2000.

7. Donald E. Vinson, Jury Trials, The Psychology of Winning Strategy, 1-46.

8. This assumes you have already figured in the discount rate for determining the present value of future income streams. Of course, if your jurisdiction doesn’t discount, and reasons that inflation and discount balance out, then don’t discount.

9. Guernsey and Zwier, Advanced Negotiation and Mediation Theory and Practice: A Realistic Integrated Approach (NITA, 2000.)

10. See e.g. Charles B. Wiggins and L. Randolf Lowry, eds, Negotiation and Settlement Advocacy, A book of Readings, 2d ed. Chapter 16, (1997) (for 15 articles on the subject.)

11. Robert H. Mnookin, Beyond Winning: Negotiation To Create Value in Deals and Disputes, (Harvard University Press, 2000). Roger Fisher and William Ury, Getting to Yes: Negotiating Agreement without Giving In (NY Penguin Books, 1983).

12. Robert A. Prentice, Chicago Man, K-T Man, and the Future of Behavioral Law and Economics, 56 VAND. L. REV. 1663 (2003).

13. Donald C. Lagevoort, Symposium: The Legal Implications of Psychology: Human Behavior, Behavioral Economics, and the Law: Behavioral Theories of judgment and Decision Making in Legal Scholarship.

14. Morton Deutsch and Peter T. Coleman, eds, The Handbook of Conflict Resolution: Theory and Practice.

15. This is a scenario that is adapted from one used by Tom Rusk, The Power of Ethical Persuasion, 18–29, (1993)

16. Keith G. Allred, Anger and Retaliation in Conflict, in Morton Deutsch and Peter T. Coleman, Handbook of Conflict Resolution 245, (2000).

17. Steven Covey, Seven Habits of Highly Effective People, “Habit 5,” (where Covey argues that effective people should try not to react in anger, but seek first to understand, before being understood. He otherwise refers to this habit as the habit of “courageous compassion.” See, Stephen R. Covey Principled-Centered Leadership, 45, 1992)

18. Walter Mishel and Aaron L.

19. Kieth G. Allred, Anger and Retaliation in Conflict, in Morton Deutsch and Peter T. Coleman, The Handbook of Conflict Resolution, 246 (2000).

20. Tom Rusk, M.D., with D. Patrick Miller, The Power of Ethical Persuasion, 68–69, (1993).

21. The role of “listener” in litigation work was introduced by Maude Pervere and Janeen Kerper at a planning conference held by the National Institute for Trial Advocacy (NITA) for developing of a new program for lawyers to examine the lawyer client relationship. Pevere and Kerper then referred us to Tom Rusk’s work, The Power of Ethical Persuasion (1993) (Hereinafter Rusk). Rusk is a noted psychiatrist who has been instrumental in developing models for teaching community mediation

22. The Power of Ethical Persuasion. Rusk’s listening techniques correspond with the techniques that Mnookin describes in his book, Beyond Winning: Negotiation to Create Value in Deals and Disputes, and Fisher and Ury describe in their book, Getting to Yes. Rusk’s listening techniques in The Power of Ethical Persuasion correspond with the techniques that Mnookin describes in his book, Beyond Winning: Negotiation to Create Value in Deals and Disputes, and Fisher and Ury describe in their book, Getting to Yes (NY: Penguin Books, 1983).

23. Rusk, supra, note 53, at 7–8.

24. Id. at 69-70.

25. Id. At 89.

26. Mnookin, Beyond Winning, chapter 7 (2000).

27. Hal Abrahmson, Mediation Representation: Advocating In A Problem-Solving Process (NITA 2004).

28. Peter T. Coleman, Intractable Conflict, 428, in Morton Duetch and Peter T. Coleman, Handboook of Conflict Resolution, 428, (2000).

29. Peter T. Coleman and Morton Deutsch, The Handbook of Conflict Resolution, Theory and Practice, Chapter 21, p. 429–439, (2000)