The art of legal negotiations

Download or read book The art of legal negotiations written by Bartosz Brożek and published by Wolters Kluwer. This book was released on 2012-11-15 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are legal negotiations? What is their structure? Is there one method of successful legal negotiation? Is it reasonable to settle disputes through negotiations? These are some of the questions which Jerzy Stelmach and Bartosz Brożek address in this volume. They posit that one could and should view the law as a negotiable phenomenon , thus dispensing with the constraints imposed by legal positivism. They claim further that, as there is no unique key to legal negotiations, one should acknowledge that there are different models of negotiating, and identify three such possible models: the argumentation, the topic-rhetorical and the economic. The models are described both from the theoretical perspective, as well as by providing catalogues of the principles of right, effi cacious and economically effi cient negotiating.