Negotiation is also the key to business success. No organization can survive without contracts that produce profits. At a strategic level, businesses are concerned with value creation and achieving competitive advantage. But the success of high-level business strategies depends on contracts made with suppliers, customers, and other stakeholders. Contracting capability—the ability to negotiate and perform successful contracts—is the most important function in any organization.
This book is designed to help you achieve success in your personal negotiations and in your business transactions. The book is unique in two ways. First, the book not only covers negotiation concepts, but also provides practical actions you can take in future negotiations. This includes a Negotiation Planning Checklist and a completed example of the checklist for your use in future negotiations.
The book also includes (1) a tool you can use to assess your negotiation style; (2) examples of “decision trees,” which are useful in calculating your alternatives if your negotiation is unsuccessful; (3) a three-part strategy for increasing your power during negotiations; (4) a practical plan for analyzing your negotiations based on your reservation price, stretch goal, most-likely target, and zone of potential agreement; (5) clear guidelines on ethical standards that apply to negotiations; (6) factors to consider when deciding whether you should negotiate through an agent; (7) psychological tools you can use in negotiations—and traps to avoid when the other side uses them; (8) key elements of contract law that arise during negotiations; and (9) a checklist of factors to use when you evaluate your performance as a negotiator.
Second, the book is unique in its holistic approach to the negotiation process. Other books often focus narrowly either on negotiation or on contract law. Furthermore, the books on negotiation tend to focus on what happens at the bargaining table without addressing the performance of an agreement. These books make the mistaken assumption that success is determined by evaluating the negotiation rather than evaluating performance of the agreement. Similarly, the books on contract law tend to focus on the legal requirements for a contract to be valid, thus giving short shrift to the negotiation process that precedes the contract and to the performance that follows.
In the real world, the contracting process is not divided into independent phases. What happens during a negotiation has a profound impact on the contract and on the performance that follows. The contract’s legal content should reflect the realities of what happened at the bargaining table and the performance that is to follow. This book, in contrast to others, covers the entire negotiation process in chronological order beginning with your decision to negotiate and continuing through the evaluation of your performance as a negotiator.
A business executive in one of the negotiation seminars the author teaches as a University of Michigan professor summarized negotiation as follows: “Life is negotiation!” No one ever stated it better. As a mother with young children and as a company leader, the executive realized that negotiations are pervasive in our personal and business lives. With its emphasis on practical action, and with its chronological, holistic approach, this book provides a roadmap you can use when navigating through your life as a negotiator.
From the Trade Paperback edition.
Many of the principles defined and discussed herein are applicable also to the argument, oral and written, of questions of fact and law presented and heard in Federal trial courts. The task of presenting facts and law effectively, the psychology of persuasion, the requirements of candor and accuracy-these are matters common to forensic effort in every courtroom, at every state of a litigated proceeding.
In addition to its discussion of appellate advocacy and a description of procedure in the federal appellate courts (Supreme Court, U.S. Court of Appeals, and specialized federal courts), it provides valuable guidelines for writing briefs and appeals and the preparing oral arguments.
Among other lessons, it teaches ways to -think before writing, -state facts and phrase issues persuasively, -use argumentative headings, -employ clear, forceful English, -handle questions in oral argument, -use maps and charts effectively and -prevent "forensic halitosis."
AALS Law Books Recommended for Libraries List 26, Legal Profession, page 20, "A" Rated.
"To get into court and to maintain your right to be there is the object of all pleading and is as important in an appellate court as in a trial court (...) This book is a guide to handling of cases on appeal in the Federal courts by one who is eminently qualified to instruct and direct in this field."
--from the foreword by Sherman Minton, Associate Justice, U.S. Supreme Court
"Anyone familiar with Mr. Wiener's reputation as an appellate advocate and with his earlier works would expect his new book to be either required reading or strongly recommended in a course in Appellate Practice and Procedure. My own choice for next spring's seminar at this law school is to require it. This is not to say, however, that the book is directed solely to the student in law school. There are probably few practicing attorneys who would not benefit substantially from the author's ability, drawing on his vast personal experience, to expound the art of appellate advocacy in a fascinating and instructive way."
-- Monroe H. Freedman, The George Washington Law Review 30 (1961-62) 148.
"This is a brilliant book by a brilliant mind. It's the seminal 20th-century book on appellate advocacy, with wisdom, insight, and concrete examples packed into page after page."
--Bryan A. Garner
Frederick Bernys Wiener [1906-1996], or "Fritz" as he was known to his friends, was educated at Brown University and Harvard Law School, where he was a note editor on Harvard Law Review. In addition to several years in private practice, Wiener held positions in the U.S. Department of the Interior, the Judge Advocate General's Corps (as an officer during the Second World War) and the Solicitor General's Office, where he successfully argued the landmark Supreme Court case Reid v. Covert. Also a scholar of vast learning and high reputation, he wrote copiously on courts-martial, martial law and legal history.
Are you not 100% sure about what a structured settlement is and how to negotiate your way to ensuring you win big?
If you are in a situation where you are or will have to deal with structured settlements and are not 100% sure about what they are, how they work and how you can take big advantage of them, you cannot afford to miss out on reading the comprehensive book report.
This information is critical and you must know it or you can really hurt yourself throughout the entire time that you are dealing with settlements.
This book also covers buying and sellign settlements, and other ways to profit from them in addition to the following topics:Selling SettlementCash Structured SettlementsSettlement AnnuitiesSettlement PaymentsInsurance SettlementsSettlement CompaniesSettlement PurchasersSettlement BuyersSettlement LoansThe Best Settlement CompanySettlement BrokersSettlement FundingSettlement FactoringBest Settlement QuotesStructured Settlement Protection ActBest Settlement AttorneysSettlement TransfersFrequently Asked Questions About Structured Settlements!!!
Starting with a new chapter on assessing conflict and bringing people to the table, the first section explains the process step by step, from opening conversations and exploring the situation through the phases of finding resolution—deciding on topics, reviewing options, and testing agreements.
The "Toolbox" section details the concepts and skills a mediator needs in order to:Understand the conflict Support the people Facilitate the process Guide decision-making
Throughout the book, the emphasis is on what the mediator can do or say now, and on the underlying principles and core methods that can help the mediator make wise choices.
Long a popular course textbook for high schools, universities, and training programs, The Mediator's Handbook is also a valued desk reference for professional mediators and a practical guide for managers, organizers, teachers, and anyone working with clients, customers, volunteers, committees, or teams.
Jennifer E. Beer, PhD, mediates organizational conflicts, facilitates meetings, and offers related workshops, regularly teaching a negotiation course at Wharton (University of Pennsylvania).
Caroline C. Packard, JD led Friends Conflict Resolution Programs for fifteen years and is an organizational conflict response specialist and mediator based in Philadelphia, Pennsylvania.
Eileen Stief developed the mediation process presented in the Handbook, training a generation of mediators to work with community, multi-party, and environmental disputes.
In 1494, award-winning author Stephen R. Bown tells the untold story of the explosive feud between monarchs, clergy, and explorers that split the globe between Spain and Portugal and made the world's oceans a battleground.
When Columbus triumphantly returned from America to Spain in 1493, his discoveries inflamed an already-smouldering conflict between Spain's renowned monarchs, Ferdinand and Isabella, and Portugal's João II. Which nation was to control the world's oceans? To quell the argument, Pope Alexander VI—the notorious Rodrigo Borgia—issued a proclamation laying the foundation for the Treaty of Tordesillas of 1494, an edict that created an imaginary line in the Atlantic Ocean dividing the entire known (and unknown) world between Spain and Portugal.
Just as the world's oceans were about to be opened by Columbus's epochal voyage, the treaty sought to limit the seas to these two favored Catholic nations. The edict was to have a profound influence on world history: it propelled Spain and Portugal to superpower status, steered many other European nations on a collision course, and became the central grievance in two centuries of international espionage, piracy, and warfare.
The treaty also began the fight for "the freedom of the seas"—the epic struggle to determine whether the world's oceans, and thus global commerce, would be controlled by the decree of an autocrat or be open to the ships of any nation—a distinctly modern notion, championed in the early seventeenth century by the Dutch legal theorist Hugo Grotius, whose arguments became the foundation of international law.
At the heart of one of the greatest international diplomatic and political agreements of the last five centuries were the strained relationships and passions of a handful of powerful individuals. They were linked by a shared history, mutual animosity, and personal obligations—quarrels, rivalries, and hatreds that dated back decades. Yet the struggle ultimately stemmed from a young woman's determination to defy tradition and the king, and to choose her own husband.
The first fundamental truth about the "Arab Spring" is that there never was one. The salient fact of the Middle East, the only one, is Islam. The Islam that shapes the Middle East inculcates in Muslims the self-perception that they are members of a civilization implacably hostile to the West. The United States is a competitor to be overcome, not the herald of a culture to be embraced.
Is this self-perception based on objective truth? Does it reflect an accurate construction of Islam? It is over these questions that American officials and Western intellectuals obsess. Yet the questions are irrelevant. This is not a matter of right or wrong, of some posture or policy whose subtle tweaking or outright reversal would change the facts on the ground. This is simply, starkly, the way it is.
Every human heart does not yearn for freedom. In the Islam of the Middle East, "freedom" means something very nearly the opposite of what the concept connotes to Westerners – it is the freedom that lies in total submission to Allah and His law. That law, sharia, is diametrically opposed to core components of freedom as understood in the West – beginning with the very idea that man is free to make law for himself, irrespective of what Allah has ordained. It is thus delusional to believe, as the West's Arab Spring fable insists, that the region teems with Jamal al-Madisons holding aloft the lamp of liberty. Do such revolutionary reformers exist? Of course they do . . . but in numbers barely enough to weave a fictional cover story. When push came to shove – and worse – the reformers were overwhelmed, swept away by a tide of Islamic supremacism, the dynamic, consequential mass movement that beckons endless winter.
That is the real story of the Arab Spring – that, and the Pandora's Box that opens when an American administration aligns with that movement, whose stated goal is to destroy America.
Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.
These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
Such an approach will be sceptical rather than cynical, intending to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; of the relationship between the academic disciplines of international law and international relations; of the apparent 'Eurocentricity' of international law, and of the relationship between political power and the ability to use or abuse (or ignore) international law.
Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.
Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting.
Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation.
Dorothy J. Della Noce
Susan Nauss Exon
Carol B. Liebman
Lela P. Love
Bruce E. Meyerson
Forrest S. Mosten
R. Wayne Thorpe
Susan M. Yates
Military analyses derived from Roman law contained enough historical examples to fill an encyclopedia. Yet, although addressed to the problems of their day, they generally remained the private counsel of scholars and had little impact on political and military decisions. While theorists of international law were developing a body of rules to govern warfare, practitioners of conflict were largely moved by the motives of military necessity.
Under the dual auspices of military necessity and national self-interest, the code of the military commander was simple: maintain a disciplined fighting force in order to achieve military victory. To remedy this gap between theory and practice, a practical guide was needed which would briefly describe for commanders in the field the rights and obligations of belligerents as custom and theory had developed them. Then political and military policy could be expected to conform to the theoretical law of nations. This was the synthesis that the Lieber code proposed. Originally published in as Lieber's Law and the Code of War, this paperback edition bears a new title that more precisely identifies the subjects covered.
The book takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues including fisheries, marine environmental protection, and dispute settlement.
As the Convention is now over a quarter of a century old the book takes stock of contemporary oceans issues that are not adequately addressed by the convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, how declines in the health of marine ecosystems can be halted through strengthened legal regimes, and how the law of the sea can regulate ocean space in the Polar regions as global warming opens up new possibilities for resource exploitation.
While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU.
As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law.
This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work.
The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey  NIQB 61.
As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations.
This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.
This study will aid readers not only to understand different national and cultural perspectives of thorny communication issues, but also show that though freedom of expression is a pluralistic concept, the actions of all political regimes at the national, transnational, and international levels must be held up to the universal standards of freedom of expression set forth in the Universal Declaration of Human Rights. New Media, Old Regimes provides essential scholarship on comparative communication law and policy in a world of new media.
Fully revised and updated, this sixth edition continues to look at the main themes of EU law in a straightforward and logical manner. Updated to discuss the UK’s increasingly difficult relationship with the EU and recent developments in EU citizenship rights such as the Zambrano decision, this book provides the reader with a clear understanding of EU law, concentrating on how and why the law has developed as it has. A chapter on assessment guidance has been expanded to provide advice on revision, coursework and examinations on the subject of EU law.
This student-friendly text is broad in scope and highly accessible, inspiring students toward further study and showing that understanding EU law can be an enjoyable and rewarding experience.
Kerim Yildiz and Susan Breau look at the practical application of the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region also means addressing larger questions in international law, global politics and conflict resolution. Examples include belligerency in international law, whether the ‘War on Terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution.
The Kurdish Conflict explores the practical possibilities of conflict resolution in the region, examining the political dynamics of the region, and suggesting where lessons can be drawn from other peace processes, such as in Northern Ireland.
This book will be of great value to policy-makers, regional experts, and others interested in international humanitarian law and conflict resolution.
To bridge the widening gap between the theory and practice of the law, Modern Warfare brings together both scholars and practitioners who offer diverse perspectives on the key challenges to the law's legitimacy: how to ensure compliance among non-state groups; the proliferation of private military companies in the employ of humanitarian organizations; tension between the idea of humanitarian space and counterinsurgency doctrines; and the phenomenon of urban violence. By bringing to light the law's limitations -- and potential -- this timely book opens a path to preventing further unnecessary suffering and violence.
'An extremely interesting and innovative text that students studying Public International Law should find invaluable.'
Associate Professor Joanne Sellick
Associate Dean for Teaching and Learning, University of Plymouth