The Negotiator Magazine

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If an outstanding substantive expert interacts with an exceptional negotiator, the latter will generally prevail. The results of their interaction will be determined more by bargaining skill than by substantive knowledge. It thus behooves attorneys and business people to take some time each month to keep up with their negotiation skills. They should look for favorable reviews of negotiation books and read some. When they see a good negotiation course advertised, they should attend. Some of the excellent books I would recommend include: J. Thomas, Negotiate to Win ((Collins 2005); J. Brett, Negotiating Globally (Jossey-Bass 2001); H. Cohen, Negotiate This (Warner Bus. Books 2003); R. Dawson, Secrets of Power Negotiating (Career Press 2nd ed. 2001); R. Fisher & W. Ury, Getting to Yes (Houghton Mifflin 1981); D. Kolb & J. Williams, Everyday Negotiations (Jossey-Bass 2003); R. Korobkin, Negotiation Theory and Strategy (Aspen Law & Bus. 2002); M. Latz, Gain the Edge: Negotiating to Get What You Want (St. Martins 2004); L, Miller & J. Miler, A Woman’s Guide to Successful Negotiating (McGraw-Hill 2002); R. Mnookin, S. Peppet & A. Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes (Harvard Univ./Belknap 2000); H. Raiffa, Negotiation Analysis (Harvard Univ./Belknap 2002); R. Shell, Bargaining for Advantage (Viking 1999); P. Stark & J. Flaherty, The Only Negotiating Guide You’ll Ever Need (Broadway Books 2003); W. Ury, Getting Past No (Bantam Books 1991). I would also encourage lawyers and business people to read books on nonverbal communication that will help them interact more effectively with others in general and with negotiation opponents in particular. Some of the good books in this area include: H. Calero, The Power of Nonverbal Communication (Silver Lake 2005); J.-E. Dimitrius & M. Mazzarella, Reading People (Random House 1998), D. Morris, Bodytalk (Crown 1994); G. Nierenberg & H. Calero, How to Read a Person Like a Book (Cornerstone 1971). Others can be found in the psychology section of most book stores or through Amazon.com.

If attorneys and business people occasionally read a book on negotiation and a book or two on nonverbal communication, they will greatly enhance both their bargaining skills – and their general ability to relate to others personally and professionally. They will appreciate the negotiation process and know how to plan the strategies that will enable them to achieve their goals. As a result, they will become far more successful negotiators.


Charles B. Craver is the Freda H. Alverson Professor of Law at George Washington University. He is the author of Effective Legal Negotiation and Settlement (5th ed. 2005 Lexis) and The Intelligent Negotiator (2002 Prima/Crown) and coauthor of Alternative Dispute Resolution: The Advocate’s Perspective (2nd ed. 2001 Lexis). He can be reached at ccraver@law.gwu.edu

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May 2006