Structured Negotiation Book Table of Contents

Book cover of Structured Negotiation, A Winning Alternative to Lawsuits

Wondering what Structured Negotiation, a Winning Alternative to Lawsuits is all about? The table of contents is posted here. My book is written for lawyers, law students, advocates, mediators, and anyone looking for a cost-effective, relationship-building, and win-win way to resolve legal claims. It is full of Structured Negotiation success stories about digital accessibility, disability rights and accessible technology issues. Check it out! You can buy the book on the website of the American Bar Association. Use code LFLEGAL for 10% off the list price. Want to know more? Read about the book and advanced praise for Structured Negotiation.

Introduction: What Is Structured Negotiation?

Chapter 1: The Structured Negotiation Roadmap

  • The First Structured Negotiations
  • Choosing the Name “Structured Negotiation”
  • Elements and Stages of Structured Negotiation

Chapter 2: The Language of Structured Negotiation

  • Who Needs a Plaintiff?
  • Avoid Defensiveness and Opposition
  • Does “Demanding” Engender Cooperation?
  • Does the Word “Discrimination” Encourage People to Do the Right Thing?
  • Feedback versus Testing
  • Mastering the Language of Persistence

Stage One Preparing a Structured Negotiation Case

Chapter 3: Is Structured Negotiation the Right Strategy?

  • Civil Claims in the Private Sector
  • Technology Claims
  • Claims against Public Entities
  • Claims against Nonprofit Organizations
  • Unsuitable Claims

Chapter 4: Are Claimants Ready for an Alternative Process?

  • Fostering Collaboration Begins with Claimants
  • Naturally Cooperative Claimants
  • Unlikely Claimants
  • Checklist for Educating Clients about Structured Negotiation
  • How Many Claimants?
  • Representing Organizations
  • Engagement Letters
  • Co-Counsel

Chapter 5: Write an Invitation to Negotiate

  • An Opening Letter Is Not a Complaint
  • Building Blocks of the Opening Letter
  • Part One: Introduction
  • Part Two: Overview of Structured Negotiation
  • Part Three: Introduce Claimants and Counsel
  • Part Four: Facts Supporting the Claims
  • Part Five: Legal Basis of the Claims
  • Part Six: Proposal for Resolution; Conclusion

Stage Two Establishing Ground Rules

Chapter 6: Structured Negotiation Ground Rules

  • Response to the Opening Letter
  • Evaluating the Initial Response
  • When to Introduce Ground Rules
  • Elements of the Structured Negotiation Agreement
  • Checklist for Convincing Would-be Defendants to Sign the Document

Stage Three Sharing Information and Expertise

Chapter 7: Discovery Alternatives in Structured Negotiation

  • Exchanging Written Information
  • Structured Negotiation Meetings
  • Skip the Deposition: A Round Table Built of Telephone Wires
  • “Defanging the Process”
  • Site Visits without Motions to Compel
  • Meeting in a Movie Theater
  • Rocky Starts
  • Checklist for a Successful Structured Negotiation Meeting

Chapter 8: Experts in Structured Negotiation

  • Traditional Experts
  • Web Accessibility Benefits from Shared Expertise
  • Joint Experts in Public Sector Cases
  • Collaborative Use of Consultants and Vendors
  • Clients as Experts
  • What If a Negotiation Falls Apart?

Stage Four Moving Negotiations Forward

Chapter 9: Overcoming Obstacles during a Negotiation

  • Dismantle Assumptions That Impede Progress
  • Flimsy Plastic Does Not Protect Financial Privacy
  • Braille Labels Do Not Make an ATM Accessible
  • Taking the Magic Out of an ATM Card
  • Incremental Steps Lead to Big Results
  • Harry Potter Advances a Negotiation
  • Five Intersections on the Way to Hundreds

Chapter 10: Protecting the Negotiation Landscape

  • Pay Attention to Other People’s Cases
  • Objections Protect Negotiation Turf
  • Structured Negotiation Detours to a Texas Courtroom
  • Protecting Talking ATMs in Pennsylvania
  • An Amicus Brief Protects Negotiating Turf
  • Government Regulations Impact Negotiations
  • Welcome Other Advocates

Stage Five Handling the Unexpected

Chapter 11: Adding Claims, Claimants, and New Relief

  • New Claims during a Negotiation
  • A Negotiating Table Expands for Web Accessibility
  • A Second Structured Negotiation for New Claims
  • New Claimants
  • Narrowing Relief, Adding Claimants
  • Requesting Additional Relief after a Negotiation Begins

Stage Six Drafting the Agreement

Chapter 12: Drafting Strategies

  • Scope and Elements of a Settlement Agreement
  • All Issues Matter
  • Possibility of Broad Relief
  • Getting Started: Term Sheet or Draft Agreement?
  • Language Conquers Fear
  • Technology Fears
  • Fear of Excess Demand
  • Fear of Interference
  • Fear of Copycat Lawsuits
  • Fear the Law Will Change
  • Fear of a Breach
  • Small Steps Help Climb a Mountain

Chapter 13: Negotiating about Money

  • Strategies to Reach Agreement on Damages and Attorneys’ Fees
  • Using a Mediator

Stage Seven Post-settlement Strategies

Chapter 14: Media Strategies

  • Honor Negotiating Partners
  • Keep Lawyers in the Background
  • Publicity (Not Coverage) Matters

Chapter 15: Monitoring and Enforcing Settlements

  • Settlement Language to Support Monitoring
  • Duration of the Agreement
  • Monitoring Meetings
  • Sharing Information, Reporting Progress
  • Experts during Monitoring
  • Dispute Resolution: Terms You Hope to Never Use
  • Empowering Clients after Settlement in the Public Sector
  • Staying Cooperative While Resolving Breaches
  • Follow-up Negotiations and Other Enforcement Options
  • Unfinished Business? Extend the Settlement Agreement
  • An Attitude of Collaboration

Chapter 16: Cultivate the Structured Negotiation Mindset

  • Practice Active Patience
  • Avoid Negative Assumptions
  • Be Trustworthy and Trust Others
  • Practice Grounded Optimism
  • Appreciate and Recognize
  • Equanimity Is a Negotiating Tool
  • Friendliness and Kindness Advance a Negotiation
  • Increasing Empathy Reduces Stress
  • Develop Collaborative Muscle

Conclusion Widening the Tent

Appendices

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

Simplified Summary

This post contains the table of contents for Lainey Feingold’s book.  The book is about Structured Negotiation – a way to solve legal problems without filing lawsuits.  The book is a roadmap through the process.  Readers will learn how to write a letter, how to use positive language, and how to write a legal agreement. Once the agreement is negotiated, the book talks about media strategies and how to make sure the agreement works.  The book is for lawyers and non-lawyers looking for a different way to resolve legal problems.