Carrie J. Menkel-Meadow - Negotiation: Processes for Problem Solving

NEGOTIATION

EDITORIAL ADVISORS

Rachel E. Barkow

Segal Family Professor of Regulatory Law and Policy

Faculty Director, Center on the Administration of Criminal Law

New York University School of Law

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law

University of California, Berkeley School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law Emeritus

The University of Michigan Law School

Tracey L. Meares

Walton Hale Hamilton Professor of Law

Director, The Justice Collaboratory

Yale Law School

Richard K. Neumann, Jr.

Alexander Bickel Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Stanley Morrison Professor of Law

Faculty Co-Director, Stanford Criminal Justice Center

Stanford Law School

ASPEN CASEBOOK SERIES

NEGOTIATION

Processes for Problem Solving

Third Edition

Carrie J. Menkel-Meadow

Distinguished and Chancellors Professor of Law and Political Science

University of California, Irvine School of Law and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure (Emerita)

Georgetown University Law School

Andrea Kupfer Schneider

Professor of Law, Director, Marquette University Institute for Womens Leadership, and Director, Dispute Resolution Program

Marquette University Law School

Lela Porter Love

Professor of Law and Director, Kukin Program for Conflict Resolution and the Cardozo Mediation Clinic

Benjamin N. Cardozo Law School, Yeshiva University

Copyright 2021 Aspen Publishing. All Rights Reserved.

No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.AspenPublishing.com.

To contact Customer Service, e-mail , call 1-800-950-5259, or mail correspondence to:

Aspen Publishing

Attn: Order Department

PO Box 990

Frederick, MD 21705

Printed in the United States of America.

1 2 3 4 5 6 7 8 9 0

ISBN 978-1-5438-0169-9

Library of Congress Cataloging-in-Publication Data

Names: Menkel-Meadow, Carrie, author. | Schneider, Andrea Kupfer, author. | Love, Lela Porter, 1950- author.

Title: Negotiation : processes for problem solving / Carrie J. Menkel-Meadow, Distinguished and Chancellors Professor of Law and Political Science, University of California, Irvine School of Law and, A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure (Emerita); Andrea Kupfer Schneider, Professor of Law, Director, Marquette University Institute for Womens Leadership, and Director, Dispute Resolution Program, Marquette University Law School; Lela Porter Love, Professor of Law and Director, Kukin Program for Conflict Resolution and the Cardozo Mediation Clinic, Benjamin N. Cardozo Law School, Yeshiva University.

Description: Third edition. | Frederick, MD: Aspen Publishing, [2021] | Includes bibliographical references and index. | Summary: Law casebook that investigates negotiation and problem-solving tactics as a legal processProvided by publisher.

Identifiers: LCCN 2020025643 | ISBN 9781543801699 (paperback) | ISBN 9781543823202 (ebook)

Subjects: LCSH: Compromise (Law)United States. | Dispute resolution (Law)United States. | Negotiation. | LCGFT: Casebooks (Law)

Classification: LCC KF9084 .M463 2021 | DDC 347.73/9dc23

LC record available at https://lccn.loc.gov/2020025643

About Aspen Publishing

Aspen Publishing is a leading provider of educational content and digital learning solutions to law schools in the U.S. and around the world. Aspen provides best-in-class solutions for legal education through authoritative textbooks, written by renowned authors, and breakthrough products such as Connected eBooks, Connected Quizzing, and PracticePerfect.

The Aspen Casebook Series (famously known among law faculty and students as the red and black casebooks) encompasses hundreds of highly regarded textbooks in more than eighty disciplines, from large enrollment courses, such as Torts and Contracts to emerging electives such as Sustainability and the Law of Policing. Study aids such as the Examples & Explanations and the Emanuel Law Outlines series, both highly popular collections, help law students master complex subject matter.

Major products, programs, and initiatives include:

Connected eBooks are enhanced digital textbooks and study aids that come with a suite of online content and learning tools designed to maximize student success. Designed in collaboration with hundreds of faculty and students, the Connected eBook is a significant leap forward in the legal education learning tools available to students.

Connected Quizzing is an easy-to-use formative assessment tool that tests law students understanding and provides timely feedback to improve learning outcomes. Delivered through CasebookConnect.com, the learning platform already used by students to access their Aspen casebooks, Connected Quizzing is simple to implement and integrates seamlessly with law school course curricula.

PracticePerfect is a visually engaging, interactive study aid to explain commonly encountered legal doctrines through easy-to-understand animated videos, illustrative examples, and numerous practice questions. Developed by a team of experts, PracticePerfect is the ideal study companion for todays law students.

The Aspen Learning Library enables law schools to provide their students with access to the most popular study aids on the market across all of their courses. Available through an annual subscription, the online library consists of study aids in e-book, audio, and video formats with full text search, note-taking, and highlighting capabilities.

Aspens Digital Bookshelf is an institutional-level online education bookshelf, consolidating everything students and professors need to ensure success. This program ensures that every student has access to affordable course materials from day one.

Leading Edge is a community centered on thinking differently about legal education and putting those thoughts into actionable strategies. At the core of the program is the Leading Edge Conference, an annual gathering of legal education thought leaders looking to pool ideas and identify promising directions of exploration.

We dedicate this book to those mentors and colleagues from whom and with whom we have learned about negotiation and problem solving, especially Roger Fisher, Howard Raiffa, Larry Susskind, Mike Wheeler, Robert Mnookin, Deborah Kolb, Bruce Patton, Jim Sebenius, Josh Stulberg, Frank Scardilli, and Jim Coben.