Stephen Futeral's nice summary of a core concept of negotiation theory: integrative negotiation: " In integrative negotiation, the parties: (1) move away from their positions (“I win! You lose!”) by considering the needs and concerns of the other side; (2) consider the alternatives to NOT reaching a negotiated settlement agreement; (3) use objective criteria; (4) focus on the problems and NOT the persons involved; and (5) think creatively."
Futeral's statement "in law school, lawyers are taught many things, but the art of negotiation isn’t one of them" is unfortunately, still too true. Many of us law professors teach negotiation as a standalone course or as part of an ADR course but there's still a big gap between the importance of negotiation in law practice and the extent to which it's taught and practiced in legal education.
Principles of Alternative Dispute Resolution
Principles of Alternative Dispute Resolution, in its fourth edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.
Stephen, thank you so much for the mention. It looks like I'll have to order your book while I am at it!
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