Collaborative Lawyering: A Process for Interest-Based Negotiation

Jim Hilbert

Mitchell Hamline School of Law

Hofstra Law Review, Vol. 38, 2010
William Mitchell Legal Studies Research Paper No. 2011-05

Abstract:

This article discusses the growing popularity of interest-based negotiation among attorneys and outlines an approach for implementing interest-based negotiating more effectively. The article begins with an overview of interest-based negotiation and its evolution in legal practice. The article addresses the barriers that often stand between lawyers and the practice of interest-based negotiation and how clients, too, may contribute their own limitations to the mix. The article then discusses particular aspects of interest-based approaches and outlines a step-by-step process for implementing interest-based negotiating.

Collaborative Lawyering- A Process for Interest-Based Negotiation