Books like Negotiation Essentials for Lawyers

This book outlines several important orientations to negotiations—game/poker players (who play by the rules but still want to “win”); idealists who believe in almost always treating people honestly and fairly, even if that might mean less personal advantage and instrumental pragmatists who know—“what goes around, comes around” or “your word is your bond”—reputation is everything. In the context of reporting for laypeople a lot of social science research and practical tips, this book helps orient all negotiators to think about what ethical stance they should consider in different contexts. I have taught excerpts of this book for over 20 years.

This book explores the expedients of political negotiations and compromises—when should we (not) negotiate with evil people or regimes or those we can’t trust? It explores some of the most controversial negotiations in history (Munich, Yalta, Arab-Israel peace negotiations) and provides both vivid stories and good philosophical standards for trying to do the best one can in problematic settings. How can we make things better when things are already bad? How can we distinguish good acts and bad acts and well-meaning actors in tough situations, and necessary, if painful, political compromises? Major historical events provide guidance even for everyday negotiations.

For the more philosophically minded this is a great short introduction to the major theories of ethicality, including what has been said about ethics by Plato, Aristotle, Socrates, Adam Smith, Kant, Hobbes, Hegel, Marx, Martha Nussbaum, Amartya Sen, and others for our orientations to external world issues of great moment and to the more specific issues of what we owe to each other as relatives, community members, world citizens, and human beings. How do we choose our personal (and national and cultural) ethical choices? What are their roots in religion, family, culture, professional training, and economic conditions (e.g., assumptions of scarcity or human flourishing)? A very good background read for anyone who thinks before acting in negotiation. When do we act from “rights“ and when from “needs”? How should we treat our fellow human beings and have our conceptions changed over time?

Drawing on years of business school teaching and research and leading negotiation trainings in many countries, Shell provides an important guide for people to stand up for their values in business, law, and complex work situations. Real-world stories put flesh on the bones of outlines of both philosophical and political approaches to difficult choices in career and workplace negotiations. This book can assist any negotiator in figuring out what is really important to them (and their clients and organizations) and then how to actualize behaviors that make principled change happen. This book also provides great advice about when to walk away from the negotiation table or a particular task or job because higher values call.

While this book is written for lawyers, it is a must-read for anyone who is a professional negotiator. I love how this book stresses that traditional hard-bargaining negotiation tactics can lead to run. The book artfully makes the case that a lawyer should serve the client's interests rather than merely papering the deal or making sure the contract will win in court. I especially like the emphasis on the need to shift from conflict to collaboration and how Mnookin and his co-authors focus on not just negotiating the deal – but how to make a deal sustainable so it avoids a Pyrrhic victory. I was also glad to see the chapter on professional ethics – something many negotiators often overlook in their quest to get the best deal. 

It’s not either/or: You can get a good deal and improve your relationship with the other side, at the same time. I loved Getting to Yes when I first read it in Roger Fisher’s law school class, and I still love it today, because it taught me I could solve difficult problems or deal with difficult people, and do it in a principled way. Whether it is a transaction for a Fortune 500 company, negotiating for a raise, or working on an international boundary dispute, the concepts and tools are the same, and they don’t start by requiring the other side to lose. Whether you are a negotiation expert, or just starting out, start here.

This is the book that brought game theory to life. Eschewing dry mathematical theorems, and conducting rigorous logical analysis through rich examples of strategic use of threats, promises, and brinkmanship in real life, Schelling opened up a whole world of practical applications of the theory. My own thinking and writing about game theory owes a huge debt to Schelling. You should also read his “Arms and Influence,” “Micromotives and Macrobehavior,” and “Choice and Consequence.”

Bill Ury was one of the authors of the most important book in the negotiation field – Getting to Yes written more than 30 years ago. It challenged the win-lose model of negotiation that prevailed at the time. Bill and his partners Roger Fisher and Bruce Patton made it clear that we not only need to get agreement, when one is possible given the underlying interests of the parties, we also need to know how to defend our own interests in the face of inside and outside pressure. 

One of the reviewers of The Power of a Positive No said that the book “has the power to transform our lives by enabling us to say Yes to what counts – our own needs and values.” I’ve watched him in action; Bill’s three-step method works. First, you say what you really need. Then, you say no to proposals that don’t meet… show more.

3-D Negotiation lives up to its title – by showing that negotiations require a multi-dimensional (3D) perspective. My favorite part of this book is the emphasis that deals are unlikely to last when negotiations ignore the “spirit of the deal.” As Lax and Sebenius put it, "while parties can agree to the same terms on paper, they may actually have very different expectations of how those terms will be met. And because they fail to achieve a true meeting of the minds, the deal they've signed may well fall apart." Their solution? Negotiators need to look beyond the tactics (the first dimension) and make sure they consider the deal design (the second dimension) and the setup (third dimension). The authors provide a compelling argument about why negotiators fall short when they don’t consider all three dimensions. 

I teach negotiation techniques, and this is a seminal work. It is valuable to anyone and everyone, whether in business or not. This is Mr. Trump's Bible, as he was a student of Mr. Cohen.

The title couldn't be more descriptive. It's like being able to read another person's mind or having their playbook. Wanna get what you want? Read the book and follow its lessons. Anybody can be convinced of anything given the right circumstances. Messrs Cohen and Gantry are in complete agreement on that point.