Problems, Readings and Materials on the Lawyer as a Negotiator
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Description
It is commonplace for law teachers to eschew any interest in answers and to present the students only with the questions. This book is no exception to that proposition. Negotiation is such a rich and varied process that it confounds attempts at useful generalization. Nearly all of the books that have been written about the process promise more than they deliver; either their statements about the art of negotiation are so general that they are not helpful or, if specific, are wrong at least with respect to some negotiations in some circumstances. Thus, we present an even weaker case than does the usual law professor; we not only disclaim any capacity to give the answers, we are not sure even that we have the right questions. The book is really a reader which can be used for a variety of purposes. We intend to use it in law school courses devoted exclusively to the study of negotiations. In Chapter 1 we present our arguments to support the proposition that something useful can be learned and taught about negotiations. We will not repeat those arguments here. The book can also be used for continuing legal education courses for lawyers and can serve for a portion of courses dealing with clinical law, labor law, trial practice and courses on the legal profession. For the most part, we believe that the book is best used in conjunction with the problems that are contained in the teacher's manual. Our experience suggests that a student's interest in and appreciation of negotiating problems is heightened by the kind of intense experience that a negotiation with his peers for a grade may present. In addition, of course, the book can be used simply as an introduction to the art of negotiation and to some of the literature concerning negotiation. Some may try to self-teach themselves; surely a careful consideration of these materials will add to one's negotiating skill even without the assistance of a formal course. The reader will find that the chapters are neither parallel nor symmetrical. Some are rather theoretical and others are only nuts and bolts. Some contain rather elegant analyses of the negotiating art; others are much more pragmatic and practical. We hope that the chapters on “Ethical Considerations for the Negotiator” and “Cultural Aspects of Negotiation” will cause the student to consider the variety of problems in those areas that he will face as a negotiator. We have found great difficulty in drawing the line between permissible puffing and impermissible lying in negotiating contexts. Our classroom experience suggests that every conscientious negotiator must eventually resolve the honesty question for himself. The materials presented in Chapter 8 present the lying issue in rather stark terms and should cause the student to come to grips with it. Of considerable and perhaps increasing significance is the question of cultural, racial and sexual bias. Of course such questions are two- fold. First one needs to consider how others will react to him be- cause of his sex, race, or cultural background, and second he needs to consider how that background has conditioned his own thinking and has made him a better or worse negotiator. This area has produced a large and conflicting folklore; here we do little more than scratch the surface on what we perceive to be a problem of extensive proportions. Finally, we hope that one who opens this book in the year 2004 will regard it as an outdated relic best left in the archives of legal literature. It is not our purpose here to offer a major theoretical or empirical study dealing with the art of negotiation. Rather, we have attempted to collect and comment upon some of the most significant works thus far produced in this field of study. We hope to stimulate lawyers', law teachers' and law students' interest in the art of negotiation and we look forward to the day when our understanding of the negotiation process will be much more comprehensive than it is today. We well appreciate that some of what we have done may appear clumsy or superficial; we do not apologize for it, for someone must start the process, and we will welcome those who can provide more and better insights.
Publication Date
1977
Recommended Citation
Edwards, Harry T. and White, James J., "Problems, Readings and Materials on the Lawyer as a Negotiator" (1977). Faculty Books & Edited Works. 153.
https://gretchen.law.nyu.edu/fac-books-edited-works/153
