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Beyond Winning: Negotiating to Create Value in Deals and Disputes Paperback – May 15, 2004


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Beyond Winning: Negotiating to Create Value in Deals and Disputes + Getting to Yes: Negotiating Agreement Without Giving In + Difficult Conversations: How to Discuss What Matters Most
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Product Details

  • Paperback: 368 pages
  • Publisher: Belknap Press (May 15, 2004)
  • Language: English
  • ISBN-10: 0674012313
  • ISBN-13: 978-0674012318
  • Product Dimensions: 9.2 x 6.2 x 1 inches
  • Shipping Weight: 12.8 ounces (View shipping rates and policies)
  • Average Customer Review: 4.4 out of 5 stars  See all reviews (15 customer reviews)
  • Amazon Best Sellers Rank: #24,731 in Books (See Top 100 in Books)

Editorial Reviews

From Publishers Weekly

Observing that today's tough, adversarial legal negotiations preempt mutually beneficial problem solving between parties, Mnookin (director of the Harvard Negotiation Research Project and a professor at Harvard Law School) and his coauthors urge lawyers to adopt a proactive, optimistic and realistic mindset to transform their practices. Though they are careful to acknowledge the difficulty of changing from the standard gladiatorial stance, Mnookin, Peppet and Tulumello present compelling examples of the advantages that such a change can bring in divorce cases, sales of existing companies, real estate deals and contract negotiations. Their comparison of litigation-gone-bad (e.g., the Buchwald v. Paramount Pictures lawsuit that benefited neither party) with more positive approaches (e.g., the problem-solving mode used in the once-nasty Digital Equipment Corp. patent infringement dispute with Intel) argues for serious consideration of their techniques. For those still resistant to giving up their Road Warrior ways, the authors provide tables of strategies with "Limiting Assumptions" contrasted with "More Helpful Assumptions" that dare even the most pigheaded to ignore common sense. Although Mnookin, Peppet and Tulumello have consciously aimed the book at attorneys who want to serve clients' broader needs better as well as to protect their interests, the authors' practical, straightforward and jargon-free style makes this a valuable resource for anybody who is about to hire an attorney, file a lawsuit or sign a contract. (Oct.)
Copyright 2000 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

From Booklist

Mnookin heads the Harvard Negotiation Research Project; both of his coauthors have been project research fellows. Conventional negotiating strategy often requires adversarial positions, but the authors propose viewing negotiating as a problem-solving task. They target lawyers (and, by extension, those who hire lawyers) who "feel sickened by the trench warfare and exhausted by cases that drag on" when opposing battle lines are drawn. They explain that creating value is the key to successful negotiating. The goal should not be to win the biggest piece of the pie but to make the pie bigger! The authors show how negotiation requires balancing three sets of tensions: those between winning and "making the pie bigger," between empathy and assertiveness, and between principals and agents. They suggest that lawyers are uniquely positioned to create value when resolving disputes and making deals. A major portion of the book is devoted to illustrating concrete problem-solving techniques, and the authors conclude with a consideration of the professional and ethical dilemmas posed by legal negotiations. David Rouse
Copyright © American Library Association. All rights reserved --This text refers to an out of print or unavailable edition of this title.

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Customer Reviews

4.4 out of 5 stars
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Wise, comprehensive, practical, and extremely well-written.
Douglas Stone
THis book will also be of great value to anyone who needs to dealw ith lawyers on a regular basis.
Max Bazerman
It has made me a much better negotiator and has taught me valuable life lessons.
Ben Mezrich

Most Helpful Customer Reviews

17 of 17 people found the following review helpful By Kim Fader on November 14, 2000
Format: Hardcover
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.
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11 of 12 people found the following review helpful By Donald Mitchell HALL OF FAMETOP 500 REVIEWERVINE VOICE on September 9, 2000
Format: Hardcover
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.
Read more ›
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7 of 7 people found the following review helpful By Helen L. Horowitz on October 28, 2000
Format: Hardcover
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!
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5 of 6 people found the following review helpful By Max Bazerman on November 11, 2000
Format: Hardcover
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.
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4 of 5 people found the following review helpful By A Customer on January 3, 2001
Format: Hardcover Verified Purchase
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.
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Format: Paperback Verified Purchase
Read this for a law school course I'm taking. I found much of it to be what I would consider common sense -- but then I gave it to a friend who doesn't have a legal background or much experience negotiating and she found it both insightful and helpful, so I'd recommend it for anyone who is looking for a slight confidence boost.
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By A. J. Morrison on December 11, 2012
Format: Paperback Verified Purchase
Great resource for our business / marketing classroom - we are always looking for new resources for our students to have access to.
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By paj88 on September 6, 2012
Format: Hardcover Verified Purchase
This is an excellent modern review and extended application of the principles included in the popular Getting To Yes.

I am a lawyer, and this is the book we used in the PIL (for Lawyers) at the Program of Negotiation in Harvard. After reading it, I kept it for regular and constant reviews. It is a MUST if you are interested in developing your negotiation knowledge and skills. In my opinion, this is definitively Robert H. Mnookin's best book yet in the negotiation field.
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