Robert H. Mnookin

Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.

Beyond Winning

Lewis Kornhauser

University of California, Berkeley. Childhood and Government Project

A Framework for the Analysis of the Impact of Rules and Procedures on the Distributional Consequences of Separation and Divorce

Private Bargaining in the Shadow of the Law

University of Toronto. Faculty of Law

Some Further Thoughts

Bargaining in the Shadow of the Law

The Case of Divorce

Wann kann ich mit meinem Gegner verhandeln und wann muss ich kämpfen? Acht spannende Beispiele aus Politik, Wirtschaft und Privatleben zeigen, wie heiß Verhandlungen werden können. Ob es um die Taliban geht oder um eine erbittert umkämpfte Ehescheidung: Aus seiner langjährigen Beratertätigkeit kennt Robert Mnookin Konflikte in allen Größenordnungen und gibt Ihnen praxistaugliche Leitlinien an die Hand. "Ein Manifest für Pragmatiker." New York Times "Eine Seltenheit in der Fachliteratur: Ein Buch, das man nicht aus der Hand legt." Harvard Negotiation Law Review

Das Harvard-Konzept für die fiesen Fälle

Verhandeln mit dem Teufel

Eleanor E. Maccoby

Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this landmark work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. The first book to examine the social and legal realities of how divorcing parents make arrangements for their children, Dividing the Child is based on a large, representative study of families from a wide range of socioeconomic levels. Maccoby and Mnookin followed a group of more than one thousand families for three years after the parents filed for divorce. Their findings show how different divorce agreements are reached, from uncontested dealings to formal judicial rulings, and how various custody arrangements fare as time passes and family circumstances change. Numerous examples of joint custody and father custody are considered in this account, along with the mother-custody families more commonly studied; and in most cases the point of view of both parents is presented. Among families in which children spend time in both parental households, the authors identify three different patterns of co-parenting: cooperative, conflicted, and disengaged. They find that although divorcing parents seldom engage in formal legal disputes, they are generally unable to cooperate effectively in raising their children. Full of interesting findings with far-reaching implications, this book will be invaluable to the lawyers, judges, social workers, and parents who, more and more often, must make wise and informed decisions concerning the welfare and care of children of divorce.

Social and Legal Dilemmas of Custody

Dividing the Child

D. Kelly Weisberg

Extensively revised to include new and expanded coverage on current and central issues, this Third Edition of CHILD, FAMILY AND STATE builds on the success of its influential predecessors, which have shaped the way this field is viewed today. In a concise yet comprehensive manner, these expert authors provide an analytical framework for examining the full range of legal questions relevant to children. They efficiently cover this rapidly moving and unsettled field-focusing on the legal distribution of power and responsibility for children among the child, The family And The state, and how such power should be allocated. Mnooking and Weisburg address government benefits, child abuse and neglect, medical treatment of children, custody law, state-enforced limitations on the liberty of minors, and juvenile delinquency. At the heart of each of this book's seven chapters are questions and problems that spark classroom discussion and stimulate student thought. New topical coverage includes: school voucher, coporal punishment, minors; access to sexually explicit materials (e.g., movies, video games, music), children and AIDS, and paternity establishment. the authors have also thoroughly updated this casebook to provide the latest developments on : abortion, including the 1992 Casey case; governmant benefits to minors (AFDC, Medicare, etc.); child abuse registries (Valmonte v. Bane); foster care, including Artist M v. Suter; custody, with changes in the primary caretaker presumption; adoption, including the Baby Jessica case and unwed fathers' rights; and child support. This book's teachability is further enhanced by its flexibility; it can easily be tailored to suit your coverage needs.

Problems and Materials on Children and the Law

Child, Family, and State

Lee Ross

Stanford Center on Conflict and Negotiation

ROSEMARY DE ROS

Presenting theories about why humankind, despite its efforts for peace, is in a perpetual state of conflict, the members of the Stanford Center on Conflict and Negotiation consider the obstacles to and processes for harmonious communication

Barriers to Conflict Resolution

James K. Sebenius

R. Nicholas Burns

Foreword by Henry Kissinger In this groundbreaking, definitive guide to the art of negotiation, three Harvard professors—all experienced negotiators—offer a comprehensive examination of one of the most successful dealmakers of all time. Politicians, world leaders, and business executives around the world—including every President from John F. Kennedy to Donald J. Trump—have sought the counsel of Henry Kissinger, a brilliant diplomat and historian whose unprecedented achievements as a negotiator have been universally acknowledged. Now, for the first time, Kissinger the Negotiator provides a clear analysis of Kissinger’s overall approach to making deals and resolving conflicts—expertise that holds powerful and enduring lessons. James K. Sebenius (Harvard Business School), R. Nicholas Burns (Harvard Kennedy School of Government), and Robert H. Mnookin (Harvard Law School) crystallize the key elements of Kissinger’s approach, based on in-depth interviews with the former secretary of state himself about some of his most difficult negotiations, an extensive study of his record, and many independent sources. Taut and instructive, Kissinger the Negotiator mines the long and fruitful career of this elder statesman and shows how his strategies apply not only to contemporary diplomatic challenges but also to other realms of negotiation, including business, public policy, and law. Essential reading for current and future leaders, Kissinger the Negotiator is an invaluable guide to reaching agreements in challenging situations.

Lessons from Dealmaking at the Highest Level

Kissinger the Negotiator

Robert H. Mnookin

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