Negotiation: On and Off the Record
The first and second editions of this book, both titled On and Off the Record: Colosi on Negotiation, were authored by Thomas R. Colosi. Tom Colosi retired as the American Arbitration Association’s Vice President of ADR Education in 1999 after 28 years of service. He was widely recognized for his continuing work in furthering the use of negotiation, mediation, facilitation, and arbitration for handling all types of disputes. Tom Colosi trained thousands of neutrals, attorneys, executives, union representatives, and government officials in dispute avoidance and resolution techniques. Tom Colosi explained the approach of the second edition as follows:
On and Off the Record is intended to change readers’ minds about the negotiation process. It is common for negotiators to approach the process with an inappropriate number of views, which forms an incomplete paradigm. This negatively affects the behavior of parties to a negotiation and creates unnecessary problems for the negotiator. Our society relies on negotiating skills for conducting all manners of business and personal transactions, yet, it is only just beginning to learn and to teach the negotiation process.
The greatest misunderstanding about the negotiation process is that it is adversarial in nature. In actuality, it is not designed for those with a trial and debate mentality. It is a problem-solving process in which each party may look across the table and regard its counterparts as advocates. Each party attempts to “sell” a mutually agreed upon solution to its respective clients. Seeing the “other side” as a potential advocate and not as an opponent is the key to making this dramatic paradigm shift.
In the third edition, we have updated and maintained the core material of the second edition. In addition, we have also added new material:
• A discussion of critical thinking
• An expanded examination of mediation and mediation techniques
• A description of problem solving and dispute resolution procedures in addition to negotiation
• A discussion various negotiation processes including competitive negotiations in federal government procurement
— Table of Contents —
About the Title
About the Authors
Preface
Chapter 1 Introduction to Negotiation
Chapter 2 Approaching the Negotiation Process
Chapter 3 The Structure of Negotiation
Chapter 4 Putting It All Together: Managing the Structure and Process of Negotiation
Chapter 5 Fundamentals of Table Behavior
Chapter 7 Approaches to Negotiation
Chapter 8 Negotiation and Dispute Resolution
Chapter 10 Effective Mediation
— Appendices —
Appendix A Time Line Management
Appendix B Responsibilities and Tasks of the Negotiator
Appendix C Mediator Considerations
Jay E. Grenig is a Professor of Law Emeritus at Marquette University Law School. He has also taught at Pepperdine University School of Law, Willamette University College of Law, the University of Southern California Graduate School of Public Administration, Cornell University School of Industrial and Labor Relations, Vermont Law School, Golden Gate University, and Chapman College. Professor Grenig has served as an arbitrator or mediator in over 2,000 labor and employment disputes throughout the nation. He is a former chair of the Labor and Employment Law Section of the Association of American Law Schools and has served as a consultant to the National Commission on Employment Policy.
Professor Grenig is the author or co-author of numerous books and articles, including Alternative Dispute Resolution (Thomson Reuters) and Fundamentals of Labor Arbitration (Rocco Scanza) (American Arbitration Association and Cornell ILR School). He is a Contributing Editor (Alternative Dispute Resolution) for the American Bar Association’s Preview of United States Supreme Court Cases. Professor Grenig is a member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif. He is also a fellow of the College of Labor and Employment Lawyers.
Rocco M. Scanza is a professor of law at both the Cornell Law and ILR Schools. He has also taught at Loyola Law School of Los Angeles, The George Meany National Labor College, and other institutions. His courses focus on negotiations, mediation and arbitration. Mr. Scanza is an active arbitrator and mediator of labor, employment, commercial and securities disputes. He is a member of the panels of the American Arbitration Association, the Federal Mediation & Conciliation Service, the New York State Public Employment Relations Board and other private and public panels. Mr. Scanza has extensive experience in mediating collective bargaining agreement impasses as well as employment-law disputes.
On behalf of Cornell, Mr. Scanza designed ADR programs for the United States Nuclear Regulatory Commission, the U.S. State Department, and the U.S. Department of Labor. With Jay Grenig, he has co-authored Fundamentals of Labor Arbitration (American Arbitration Association and Cornell ILR School) and Case Preparation & Presentation: A Guide for Arbitration Advocates and Arbitrators (American Arbitration Association and Cornell ILR School). Mr. Scanza maintains ADR offices in New York and Illinois. www.roccoscanza.com
“Understanding advanced methodologies in negotiation and dispute resolution is an essential skill for professionals in the law and in business. The topics being presented here will expand knowledge about processes, purposes, techniques, and the adroit application of these ideas in real world settings. In any kind of negotiation, “preparation is king”. This useful guide will insure you are the one most prepared for a successful negotiation.” Moira J. Kelly, Kelly Consulting LLC, “The Dispute Doctor” TM
"Negotiations has become a highly studied subject. Recently, there have been numerous books and articles written about esoteric areas of bargaining strategy. This book, however, remains a classic text designed for the practitioner entering into this complex process. Here, the authors focus on subjects that matter most for producing favorable outcomes, such as responding to irrational opponents, persuasion, critical thinking, and the importance of trust. In addition, the text provides broad insight into facilitated negotiations such as mediation. This is a must-own book for the serious negotiator." Richard Fincher, Mediator and Arbitrator Managing Partner of Workplace Resolutions LLC
Jay E. Grenig is a Professor of Law Emeritus at Marquette University Law School. He has also taught at Pepperdine University School of Law, Willamette University College of Law, the University of Southern California Graduate School of Public Administration, Cornell University School of Industrial and Labor Relations, Vermont Law School, Golden Gate University, and Chapman College. Professor Grenig has served as an arbitrator or mediator in over 2,000 labor and employment disputes throughout the nation. He is a former chair of the Labor and Employment Law Section of the Association of American Law Schools and has served as a consultant to the National Commission on Employment Policy.
Professor Grenig is the author or co-author of numerous books and articles, including Alternative Dispute Resolution (Thomson Reuters) and Fundamentals of Labor Arbitration (Rocco Scanza) (American Arbitration Association and Cornell ILR School). He is a Contributing Editor (Alternative Dispute Resolution) for the American Bar Association’s Preview of United States Supreme Court Cases. Professor Grenig is a member of the National Academy of Arbitrators, the American Law Institute, and the Order of the Coif. He is also a fellow of the College of Labor and Employment Lawyers.
Rocco M. Scanza is a professor of law at both the Cornell Law and ILR Schools. He has also taught at Loyola Law School of Los Angeles, The George Meany National Labor College, and other institutions. His courses focus on negotiations, mediation and arbitration. Mr. Scanza is an active arbitrator and mediator of labor, employment, commercial and securities disputes. He is a member of the panels of the American Arbitration Association, the Federal Mediation & Conciliation Service, the New York State Public Employment Relations Board and other private and public panels. Mr. Scanza has extensive experience in mediating collective bargaining agreement impasses as well as employment-law disputes.
On behalf of Cornell, Mr. Scanza designed ADR programs for the United States Nuclear Regulatory Commission, the U.S. State Department, and the U.S. Department of Labor. With Jay Grenig, he has co-authored Fundamentals of Labor Arbitration (American Arbitration Association and Cornell ILR School) and Case Preparation & Presentation: A Guide for Arbitration Advocates and Arbitrators (American Arbitration Association and Cornell ILR School). Mr. Scanza maintains ADR offices in New York and Illinois. www.roccoscanza.com
“Understanding advanced methodologies in negotiation and dispute resolution is an essential skill for professionals in the law and in business. The topics being presented here will expand knowledge about processes, purposes, techniques, and the adroit application of these ideas in real world settings. In any kind of negotiation, “preparation is king”. This useful guide will insure you are the one most prepared for a successful negotiation.” Moira J. Kelly, Kelly Consulting LLC, “The Dispute Doctor” TM
"Negotiations has become a highly studied subject. Recently, there have been numerous books and articles written about esoteric areas of bargaining strategy. This book, however, remains a classic text designed for the practitioner entering into this complex process. Here, the authors focus on subjects that matter most for producing favorable outcomes, such as responding to irrational opponents, persuasion, critical thinking, and the importance of trust. In addition, the text provides broad insight into facilitated negotiations such as mediation. This is a must-own book for the serious negotiator." Richard Fincher, Mediator and Arbitrator Managing Partner of Workplace Resolutions LLC
— Table of Contents —
About the Title
About the Authors
Preface
Chapter 1 Introduction to Negotiation
Chapter 2 Approaching the Negotiation Process
Chapter 3 The Structure of Negotiation
Chapter 4 Putting It All Together: Managing the Structure and Process of Negotiation
Chapter 5 Fundamentals of Table Behavior
Chapter 7 Approaches to Negotiation
Chapter 8 Negotiation and Dispute Resolution
Chapter 10 Effective Mediation
— Appendices —
Appendix A Time Line Management
Appendix B Responsibilities and Tasks of the Negotiator
Appendix C Mediator Considerations