Beyond Winning

Negotiating to Create Value in Deals and Disputes

Robert H. Mnookin

Scott R. Peppet

Andrew S. Tulumello

  • Honorable Mention, 2000 Professional/Scholarly Publishing Annual Award of the Association of American Publishers, Business/Management/Accounting Category

Preface

Introduction

I. The Dynamics of Negotiation

1. The Tension between Creating and Distributing Value

2. The Tension between Empathy and Assertiveness

3. The Tension between Principals and Agents

II. Why Lawyers?

4. The Challenges of Dispute Resolution

5. The Challenges of Deal-Making

6. Psychological and Cultural Barriers

III. A Problem-Solving Approach

7. Behind the Table

8. Across the Table

9. Advice for Resolving Disputes

10. Advice for Making Deals

IV. Special Issues

11. Professional and Ethical Dilemmas

12. Organizations and Multiple Parties

Conclusion

Notes

Index

  • Cover: Beyond Winning
  • A photo of the author

Robert H. Mnookin is Williston Professor of Law at Harvard Law School and Director of the Harvard Negotiation Research Project.

Scott Peppet is Associate Professor, University of Colorado School of Law.

Andrew S. Tulumello is an attorney in private practice.