Structured Negotiation Book Table of Contents

Book cover of Structured Negotiation, A Winning Alternative to Lawsuits

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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


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