- Hardcover: 368 pages
- Publisher: Harvard University Press (2 Oct 2000)
- Language English
- ISBN-10: 0674003357
- ISBN-13: 978-0674003354
- Product Dimensions: 24.1 x 16.1 x 2.9 cm
- Average Customer Review: 5.0 out of 5 stars See all reviews (1 customer review)
- Amazon Bestsellers Rank: 1,546,875 in Books (See Top 100 in Books)
- See Complete Table of Contents
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Product Description
Review
"The practice of law has become more contentious and competitive, not less. The authors of [Beyond Winning]... advocate that parties [instead] practice 'value creation' (i.e., the attempt to 'enlarge the pie') so that both parties to a negotiation receive bigger returns... The book does an excellent job of breaking down relationships, players, tensions and organizations to lay bare the inner-workings of the actors in a negotiation and the situations they create." - William J. Estes, New York Law Journal; "On the cutting edge of negotiation literature, Beyond Winning is a spectacular integration of our contemporary understanding of negotiation, modern social science, and the legal context. This is an excellent book and is sure to become a must-read for lawyers, law students, and executives who deal with the legal process on a regular basis." - Max Bazerman, Harvard Business School"
Product Description
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.
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Customer Reviews
Most Helpful Customer Reviews
2 of 2 people found the following review helpful
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. 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!
Most Helpful Customer Reviews on Amazon.com (beta)
Amazon.com:
10 reviews
13 of 13 people found the following review helpful
A Breakthrough Book
14 Nov 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.
9 of 10 people found the following review helpful
Lawyers: Expand the Pie and Cut Transaction Costs First!
10 Sep 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. 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!
6 of 6 people found the following review helpful
A Winner
28 Oct 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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