Theorie der juristischen Verhandlungen

The Authors claim that negotiations are the most adequate, efficacious and economically effective means of resolving legal conflicts. However, the European (continental) legal practice rarely takes advantage of negotiations. What are the reasons behind this situation? Is it a result of the European lawyers being accustomed to standard methods, their fear of the unforeseeable outcome of negotiations, or simply their lack of competence? And when one decides to negotiate – how to do it? The book present three different models of negotiating: the argumentation, the topic-rhetorical and the economic. Each of them may be used in an autonomic, complementary, subsidiary, or instrumental way.