Without lawsuits, Structured Negotiation has led to settlement agreements with Bank of America, Walmart, CVS, Major League Baseball, Anthem, Weight Watchers, and a host of other organizations. Settlements with the City and County of San Francisco, Houston's Metropolitan Transit Authority, and Massachusetts General Hospital demonstrate the process is also a viable litigation alternative for disputes in the non-profit and public sector. Lawsuits play an important role in moving society forward. But the legal profession and the public it serves deserve less costly, less stressful, and more cooperative alternatives. Clients need a forum where stories matter and they can feel heard. Would-be defendants need a process that allows them to do the right thing without having to first prove there is no problem to begin with. Readers will learn: *How to write an opening letter that invites participation; *How to establish ground rules;*How to hold collaborative meetings and bring in experts without discovery battles; *How to give clients a meaningful role that respects their expertise and builds relationships.
Rezensionen / Stimmen
Structured Negotiation has a reach far beyond the legal world. Imagine if routine business and design challenges were solved with a process that assumed the win-win outcomes described in this book. Lainey's focus on cooperation, collaboration, and problem-solving points the way to a world designed for everyone. Whitney Quesenbery-- Director, Center for Civic Design; co-Author, A Web for Everyone | Designing Accessible User Experiences -- Whitney Quesenbery As one of America's leading civil rights lawyers, Lainey Feingold uses Structured Negotiation to obtain far-reaching settlements without litigation. Now she shares her secrets. This book should be required reading for lawyers and law students alike. Samuel R. Bagenstos, Frank G. Millard Professor of Law, University of Michigan Law School; Former Principal Deputy Assistant Attorney General for Civil Rights -- Samuel R. Bagenstos Lainey Feingold's thoughtful and experienced-based distillation of her new approach to resolving disputes through Structured Negotiation has the potential to make a major impact on how we resolve disputes. Bearing strong similarities to Collaborative Law, and integrating well with mediation, the Structured Negotiation model provides a detailed roadmap for principled peacemaking in complex cases." David Hoffman, Esq., Founder, Boston Law Collaborative, LLC; John H. Watson, Jr. Lecturer on Law, Harvard Law School -- David Hoffman I've participated in a Structured Negotiation with Lainey Feingold and have seen first-hand how it achieves real benefits that are broader, less costly, and arrive much faster than through traditional litigation. This book proves that zealous advocacy and civility can coexist in the practice of law. It should be required reading for all lawyers. Denise Norgle, Division General Counsel, TransUnion LLC -- Denise Norgle Structured Negotiation has a reach far beyond the legal world. Imagine if routine business and design challenges were solved with a process that assumed the win-win outcomes described in this book. Lainey's focus on cooperation, collaboration, and problem-solving points the way to a world designed for everyone. Whitney Quesenbery Director, Center for Civic Design; co-Author, A Web for Everyone | Designing Accessible User Experiences -- Whitney Quesenbery This book offers an easy-to-read roadmap for a creative new approach to resolving legal disputes that will benefit all clients, from the most powerful corporation to the most disempowered individual. It should be mandatory reading for law students and every practicing litigation lawyer. David Lepofsky, visiting professor, Osgoode Hall Law School, Toronto Canada -- David Lepofsky
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Maße
Höhe: 230 mm
Breite: 150 mm
Dicke: 12 mm
Gewicht
ISBN-13
978-1-63425-544-8 (9781634255448)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Lainey Feingold is an internationally recognized disability civil rights lawyer who has practiced Structured Negotiation for more than 20 years. Without filing any lawsuits, Lainey and her clients and co-counsel have used Structured Negotiation to negotiate comprehensive settlement agreements with Walmart, Major League Baseball, Bank of America, the City and County of San Francisco, and dozens of other organizations in the private and public sector. These agreements protect and expand the rights of blind people to access digital content, print information, and other technology. In 2017 Lainey was the individual recipient of the John W. Cooley Lawyer as Problem Solver Award, given annually to one individual and one organization by the Dispute Resolution Section of the American Bar Association. She also received a California Lawyer Attorney of the Year (CLAY) award in both 2014 and 2000. In addition to handling cases, Lainey Feingold mentors lawyers in the practice of Structured Negotiation and speaks, writes, and teaches about digital accessibility, disability rights, and Structured Negotiation. Follow Lainey on Twitter at @LFLegal or visit her website at www.lflegal.com for more information.
Chapter 1 The Structured Negotiation Roadmap 7 Chapter 2 The Language of Structured Negotiation 15 Chapter 3 Is Structured Negotiation the Right Strategy 25 Chapter 4 Are Claimants Ready for an Alternative Process 35 Chapter 5 Write an Invitation to Negotiate 47 Chapter 6 Structured Negotiation Ground Rules 59 Chapter 7 Discovery Alternatives in Structured Negotiation 73 Chapter 8 Experts in Structured Negotiation 91 Chapter 9 Overcoming Obstacles During a Negotiation 103 Chapter 10 Protecting the Negotiation Landscape 111 Chapter 11 Adding Claims, Claimants, and New Relief 121 Chapter 12 Drafting Strategies 131 Chapter 13 Negotiating About Money 149 Chapter 14 Media Strategies 157 Chapter 15 Monitoring and Enforcing Settlements 165 Chapter 16 Cultivate the Structured Negotiation Mindset 179 Conclusion Widening the Tent 195 Appendix 1 Template for A Structured Negotiation Opening Letter 197 Appendix 2 Sample Ground Rules Document 201 Appendix 3 The Elements Come Together: Structured Negotiation With Major League Baseball 205 Endnotes 213 Index 219
