Beyond Winning: Negotiating to Create Value in Deals and Disputes (Paperback)

~ (Author), Scott R. Peppet (Author), Andrew S. Tulumello (Author)

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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Product Details

• Paperback: 368 pages
• Publisher: Belknap Press of Harvard University Press (April 15, 2004)
• Language: English
• ISBN-10: 0674012313
• ISBN-13: 978-0674012318
• Product Dimensions: 9.2 x 6 x 1 inches
• Shipping Weight: 12.8 ounces (View shipping rates and policies)
• Average Customer Review: 4.6 out of 5 stars  See all reviews (10 customer reviews)
• Amazon.com Sales Rank: #139,217 in Books (See Bestsellers in Books)

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Customer Reviews

Most Helpful Customer Reviews

9 of 9 people found the following review helpful:

5.0 out of 5 stars A Breakthrough Book, November 14, 2000

By	Kim Fader (NY, NY USA) - See all my reviews

This review is from: Beyond Winning: Negotiating to Create Value in Deals and Disputes (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.

6 of 6 people found the following review helpful:

5.0 out of 5 stars A Winner, October 28, 2000

By	Helen L. Horowitz (Northampton, MA USA) - See all my reviews

This review is from: Beyond Winning: Negotiating to Create Value in Deals and Disputes (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!

8 of 9 people found the following review helpful:

5.0 out of 5 stars Lawyers: Expand the Pie and Cut Transaction Costs First!, September 9, 2000

By	Professor Donald Mitchell "Jesus Makes Me a P... (Boston) - See all my reviews (TOP 10 REVIEWER)

This review is from: Beyond Winning: Negotiating to Create Value in Deals and Disputes (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. 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 than a contest of wills. Environmental law is a good example. Recently, matrimonial lawyers have begun seeking to make this shift as well. Large law firms are starting alternative dispute resolution practices. I hope all of this will succeed. It is a great way to improve society, provide better economic results, and to create more pleasant dispute and negotiation resolution.

If you like the ideas here, I strongly suggest that you take courses where simulated negotiations with other attorneys are used. That's the way to really learn how to use these concepts.

Good luck with your next dispute!