Collaborative Lawyering: A Process for Interest-Based Negotiation

20 Pages Posted: 10 Feb 2011

See all articles by Jim Hilbert

Jim Hilbert

Mitchell Hamline School of Law


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.

Keywords: Negotiation, Interest-Based Negotiation, Negotiation Theory, Principled Negotiation, Client-Centered Counseling, Client Relationships, BATNA, Settlement, Vanishing Trial, Collaborative Law

Suggested Citation

Hilbert, Jim, Collaborative Lawyering: A Process for Interest-Based Negotiation. Hofstra Law Review, Vol. 38, 2010, William Mitchell Legal Studies Research Paper No. 2011-05, Available at SSRN:

Jim Hilbert (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
(651) 290-7507 (Phone)
(651) 290-6414 (Fax)

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