Lainey is the expert on how to work collaboratively to create long term societal inclusion.‘ - Jenny Lay-Flurrie, Chief Accessibility Officer, Microsoft
‚This fantastic guide to structured negotiations provides valuable insights for anyone interested in becoming a better advocate. I really enjoyed reading this book and appreciate all the lessons within.’ - Haben Girma, Human rights lawyer and author of the best seller, Haben, the Deafblind Woman Who Conquered Harvard Law.
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Structured Negotiation: A Winning Alternative to Lawsuits shares stories and strategies from 25 years of successful collaborations between the disability community and some of the largest public and private organizations in the United States. Born at the intersection of accessibility, technology, disability, and dispute resolution, the pioneering strategy described in this book has been instrumental in creating a more inclusive digital world for a quarter century.
First published by the American Bar Association, the Second Edition includes new Structured Negotiation win-wins, other new content, and Forewords by Haben Girma, author of the best-selling Haben: The Deafblind Woman Who Conquered Harvard Law and by Susana Sucunza, Basque Country Spain collaborative lawyer and president of the Basque Country Collaborative Law Association.
Not just for lawyers, the book offers an effective and path-breaking method to resolve disputes without lawsuits, and to lessen the conflict and expense of filed cases. 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 and ethical alternatives. Clients need a forum where stories matter. Would-be defendants need a process that allows them to do the right thing without having to prove there is no problem to begin with.
Inhaltsverzeichnis
Foreword to the English Second Edition by Haben Girma
Foreword to the Spanish Edition by Susana Sucunza
Preface to the Second Edition
Introduction What Is Structured Negotiation?
Chapter 1 The Structured Negotiation Roadmap
Chapter 2 The Language of Structured Negotiation
Stage One Preparing a Structured Negotiation Case
Chapter 3 Is Structured Negotiation the Right Strategy?
Chapter 4 Are Claimants Ready for an Alternative Process?
Chapter 5 Write an Invitation to Negotiate
Stage Two Establishing Ground Rules
Chapter 6 Initial Response and Structured Negotiation Ground Rules
Stage Three Sharing Information and Expertise
Chapter 7 Discovery Alternatives in Structured Negotiation
Chapter 8 Experts in Structured Negotiation
Stage Four Moving Negotiations Forward
Chapter 9 Overcoming Obstacles during a Negotiation
Chapter 10 Protecting the Negotiation Landscape
Stage Five Handling the Unexpected
Chapter 11 Adding Claims, Claimants, and New Relief
Stage Six Drafting the Agreement
Chapter 12 Drafting Strategies
Chapter 13 Negotiating about Money
Stage Seven Post-settlement Strategies
Chapter 14 Media Strategies
Chapter 15 Monitoring and Enforcing Settlements
An Attitude of Collaboration
Chapter 16 Cultivate the Structured Negotiation Mindset
New Structured Negotiation Cases for the Second Edition
Chapter 17 Structured Negotiation Continues to Thrive
Conclusion Widening the Tent
Appendix 1 Template for a Structured Negotiation Opening Letter
Appendix 2 Sample Ground Rules Document
Appendix 3 The Elements Come Together: Structured Negotiation with Major League Baseball
Endnotes
Second Edition Acknowledgments
Index