Wondering what Structured Negotiation, a Winning Alternative to Lawsuits is all about? The table of contents for the book’s second edition 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 also written for non-lawyers, digital accessibility champions, and anyone looking for a collaborative approach to problem solving and communication.
The book is full of Structured Negotiation success stories about digital accessibility, disability rights and accessible technology issues. For 25 years Structured Negotiation has helped resolve complex cases withOUT lawsuits. The second edition shares how lawyers can also use the process after a case has been filed to dial back conflict and expense, and how the strategies help people communicate more effectively unrelated to legal claims. Want to know more? Visit the main book page on this website and read what people say about Structured Negotiation.
Praise for Structured Negotiation
Foreword to the English Second Edition by Haben Girma
Foreword to the Spanish Edition by Susana Sucunza
Preface to the Second Edition
- Structured Negotiation Celebrates 26 Years
- What’s New in the Second Edition
- Be a Dolphin
- Broader Ways to Think about Structured Negotiation
- Ethics and Structured Negotiation
- Digital Accessibility Ethics and Structured Negotiation
- Elections, Black Lives Matter, and a Global Pandemic
- The Value of Flexible Problem Solving During a Global Pandemic
- Remembering . . .
Introduction: What Is Structured Negotiation?
- Overview of this Book
- An Opportunity to Do the Right Thing
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
Stage Two: Establishing Ground Rules
Chapter 6: Initial Response and Structured Negotiation Ground Rules 109
- 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
- Incremental Steps Lead to Big Results
Chapter 10: Protecting the Negotiation Landscape
- Pay Attention to Other People’s Cases
- Objections Protect Negotiation Turf
- 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
- New Claimants
- Requesting Additional Relief After a Negotiation Begins
Stage Six: Drafting the Agreement
Chapter 12: Drafting Strategies
- Scope and Elements of a Settlement Agreement
- Getting Started: Term Sheet or Draft Agreement?
- Language Conquers Fear
- 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
- 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
New Structured Negotiation Cases for the Second Edition
Chapter 17: Structured Negotiation Continues to Thrive
- New Relationships and New Issues
- Stories From the Field: Other Lawyers and Clients Make Structured Negotiation Their Own
- What’s Next for Structured Negotiation?