Principles, Practice, and Self-Awareness

C O U R S E M A N U A L

Prof. Ralph Cagle
University of Wisconsin Law School
Fall 2007

This Course Manual and the Syllabus contains everything you need to know about the learning objectives, methods, and rules for this course. Please read them carefully and refer to them as needed.

WHAT THIS COURSE WILL DO. This course will help you develop your skills and performance as a negotiator. You will learn technique, process, strategy, and what generally is effective behavior. If amenable, you can also learn much about yourself as negotiator and perhaps in other capacities. This is important knowledge because you (your history, personality, character, attitudes, psyche, and values) are fully in play whenever you negotiate. Change and growth happen in this course. You can experience ways of thinking and behaving that you have not used or thought possible before. You will also learn about assessing the motives, intentions, and behavior of other negotiators empathetically. Much of what you will learn can apply to other aspects of your professional and personal life.

We will examine negotiation theory, get experience through practice, subject that practice to internal and outside criticism, and reflect on what we have learned. Theory. Practice. Critique. Reflection. Again and again. And again. And yet again. That's the semester in a nutshell!

Consumer Warning: Inflated or fragile egos may be subject to battering, bruising or other collateral damage in this class even though some precautions are taken. Management disclaims all liability for any damages.

FOLLOW THE SYLLABUS. Handed out at the first class, the syllabus is your guide to the assignments and activities of the course. Any changes will be announced in class. Please note that this course involves the progressive development of a set of skills with the more complex and demanding assignments occurring later. Weeks 11, 12 and 13 will be especially demanding of your skills and time. Plan accordingly.

GRADING. This is a three (3) credit, graded course. Your final grade is based on:

Class attendance, participation in exercises, timely completion of
assignments, and contribution to the class’s learning. 30 points

(Adjustments for EXTRA CREDIT (see attached) +/– up to 5 points)

The mid-semester negotiation and self evaluation 30 points

The final negotiation and self evaluation 40 points

OFFICE CONSULTATIONS. I am always happy to meet with you individually or in groups, by appointment, by telephone or on a “drop by” basis to discuss whatever is on your mind.

Office: 5226 Law School
Phone: 262-7881
Home Phone: 231-6884
Fax: 263-6365
E-Mail: rmcagle@wisc.edu

HOW TO SUCCEED IN THIS CLASS

• ATTEND CLASS. Missing class will impair your learning and your grade. Missing five (5) classes – for any reason – results in an incomplete for the course that can be made up only by requirements too horrible to mention in print or polite company

• ENGAGE FULLY. Active class participation through discussion, performance in exercises, and contribution to the overall learning enterprise improves your grade.

• COMPLETE THE ASSIGNED NEGOTIATIONS. There are fourteen participatory negotiations in the semester (see Syllabus). Five (5) of them are out of class negotiations with assigned partners. You must complete a Joint Negotiation Summary Report for each out of class negotiation. Three out of class negotiations will be videotaped: (a) an early baseline negotiation; (b) the mid-term; and (c) the final exam. You will receive detailed written instructions for each of them.

• REFLECT ON YOUR PROGRESS. To assess and measure your progress as a negotiator, you will thoughtfully complete and turn in at designated times (see Syllabus) three Negotiation Goals Worksheets. I urge you to keep copies to assess your own progress and perhaps for future reference.

• READ THE ASSIGNED MATERIALS. The assigned readings are an essential part of the course. They expand your knowledge base about relevant theory and provide practical advice. They offer multiple perspectives on what works in negotiation. It would be a big mistake to limit your negotiation knowledge to only the product of your own experience.

The required readings for the course.(all available in the Law School Bookmart) are:

G. Richard Shell, Bargaining for Advantage: Negotiation Strategies for Reasonable People
2nd Ed. (Penguin Books 2006)

Ralph Cagle, 2007 Negotiation Supplemental Readings [Photocopy].

Want to read more extensively? I keep the required readings in this class to a minimum. You can expand your knowledge and skills by reading further. I have compiled a reading list from which you can, if you wish, select readings best suited to your particular needs or interests (and possibly gain extra course credit). The list is my take on the most useful and accessible of the negotiation literature. All can be purchased online or possibly from your favorite bookseller, usually at modest cost.

• SUPPORT SOME PRINCIPLES OF MUTUAL RESPECT AND CIVILITY.   We are a small group dealing intensely with a personal subject. We interact more frequently, candidly, and emotionally than in most other classes. Some principles of civility for students and faculty have proven helpful.

1.   Support each others' efforts to become more proficient negotiators.

2.   Respect each others’ experience, background, and values.

3. Be present, prepared, and on time for all classes and scheduled meetings.

4.   Do not reveal assigned confidential information inappropriately.

5.   Offer critique to others constructively, candidly and sensitively and receive it openly and appreciatively.
6.   Keep information revealed by or learned about each other in confidence.

7. Share what we observe, learn and come to know about negotiation with each other.

8. Conduct negotiations according to the Rules of Professional Conduct for Attorneys.

9. Treat each simulation and exercise as "real" as others rely on us to do.

10. Refrain from any act of physical violence (without prior written consent of the instructor).

Rev:9/08 rmc

EXTRA CREDIT OPPORTUNITIES

You may earn Extra Credit of up to five (5) points on your final grade through one or more of the following enterprises.

1. Essay or review paper. [1-3 points] Write an essay or review on one of the following: (a) a significant historical , business, diplomatic, or other negotiation; (b) a core negotiation concept (such as handling leverage, managing difficult behavior), or (c) a book on the recommended reading list.

2. Analyze a “real world” negotiation. [1 point each, up to three reports]. Explain what happened and why in a negotiation that you observed or in which you were involved in a 2-4 page report. Be prepared to discuss your report in or out of class.

3. “Show and tell.” [1 point] Negotiate for something that you might not have negotiated before you took the course. Briefly (2-4 pages) write up a summary of how this negotiation unfolded. After turning in the summary, be prepared to "show and tell" about the negotiation in class. If possible, bring in something that “shows” about your negotiation.

4. Negotiation in popular culture report and analysis. [1 point each, up to three reports]
Do a short report about negotiation(s) in a book or movie. You have many potential choices. I have a partial list of some movies that you may enjoy. It would be great (though not required) to produce a disc of the negotiation scenes in the movies or a copy of key passages of your book.

5. Design and draft a negotiation problem [up to 3 points]. Not for the faint of heart or those looking for some quick points. I offer this option mainly to induce students to learn how difficult problem design is, but recognizing that students who have done many negotiation exercises may have some insight into problem design. Only with instructor prior consent.

6. Anything else? I’m willing to negotiate over any other proposed projects that might improve your understanding of negotiation.

Criteria Used in Grading Negotiations

In legal transactions, the workplace, the marketplace, the world, and everyday life we negotiate to satisfy our interests (or those of our principals) by securing the agreement of others.

Great negotiators are attuned to opportunities present in negotiable relationships and settings. But, when a negotiation involves costs and not adequate benefit, no agreement is usually the wiser course to take. Saying “No” in certain circumstances is a powerful strategy. Hence, in this course you will not “lose points” for rejecting a deal that is bad for your client. But, you may lose points if you fail to see (and seize) an opportunity to make a favorable deal. Missing a favorable opportunity (like taking a bad deal) usually reflects a lack of preparation, awareness and/or execution.

As in the real world, there is no a single correct “solution” to any negotiation. But, there are differences in the quality of negotiation outcomes. These qualitative differences are often accentuated in a class where a dozen or more iterations of the same negotiation take place and are compared.

Securing a quality agreement is the standard for achieving a superior grade.

A quality agreement (in class or elsewhere) has the following characteristics (though this is not an exhaustive list):

    a. it provides an optimal return on the negotiator’s investment;

    b. the negotiation process is reasonably efficient in its allocation of time, attention, and other resources;

    c. all parties have a common understanding of the terms of the agreement;

    d. the terms are comprehensive and complete – nothing material is overlooked;

    e. it anticipates and addresses potential implementation or enforcement issues;

    f. it will endure–it is not so illusory or fragile that it is can be easily broken or abandoned by any party;
        and

    g. it advances any desirable ongoing relationship among the parties, including the potential for further    valuable dealings together.

I downgrade agreements that are either negotiated perfunctory or clearly were reached “just to complete the assignment.”

I use the following criteria in grading negotiation performances:

    a.   evidence that the negotiators understood and employed the techniques of effective negotiation taught in this course (or learned elsewhere);

    b. comparative negotiation outcome (e.g. who got better deals) though this is not the decisive factor in grading;

c. quality of the deal reached, if settlement is the wiser choice (see quality discussion above)

d. indicia of superior preparation;

e. performance improvement, whether over the semester or within a particular negotiation. I admire and reward people who learn from their experience and incorporate that learning;

f. the “ awareness factor,” which is a negotiator’s ability to see, hear, or otherwise soak up what is going on as reflected in language, events, changes, signals, expression, perceptions, meanings, or other cues. It should come as no surprise that points are lost for the sin of obliviousness to what is going on in a negotiation (often described as the “Homer Simpson” perspective);

g. demonstration of strategic responsiveness to those cues (I call it dexterity):

h. projection of the confidence which garners respect and gets results in negotiation (but definitely not its evil siblings– arrogance, pomposity, smarminess or condescension);

i. related, but distinct, demonstration of self-control (especially reactions when under pressure);

    j. indicia of being or being seen by one’s counterpart as credible, reliable (trustworthy, even); and

    k. anything else that strikes me at the time as significantly contributing to negotiation success.

Having revealed so much of my inner calculus, candor compels me to note that grading performance in negotiations is an inexact science and I can (and do) make misjudgments.   But, I have substantial experience reviewing negotiations and providing feedback. I try to get it as right and as fair as I can. By acknowledging these limitations, working to contain them, and proceeding with humility, we can all become better for the effort.

Negotiation Summary Memorandum

– PREPARED JOINTLY –

Names of Each Negotiator Party Represented

____________________________ ________________________

Place of Negotiation:

Duration:

Active collaboration, honest reflection, and thoroughness in preparing this memorandum will provide each of you practical insights you can use to expand your negotiation repertoire.

DESCRIBE THE SPECIFIC OUTCOME OF THIS NEGOTIATION.

EXPLAIN THE KEY FACTOR(S) THAT MOST INFLUENCED THE OUTCOME YOU REACHED?

DESCRIBE THE MOST CHALLENGING ASPECT(S) OF THIS NEGOTIATION? HOW DID YOU RESPOND?

WHAT DID YOU LEARN (OR WHAT WAS CONFIRMED) THAT CAN BE USEFUL IN THE FUTURE?

WHAT ISSUES OR QUESTIONS SHOULD BE INCLUDED IN THE DEBRIEFING OF THIS NEGOTIATION?

My Initial Negotiation Goals Worksheet

Name: ____________________________________

Answer these questions by the time designated on the syllabus. Think carefully before answering. Be as specific as you can.

My personal habits, attitudes, or characteristics that are likely to help me in future negotiations? How?

My personal habits, attitudes or characteristics that may be problems for me in future negotiations? How?

How I plan to address and improve my problem areas this semester?

What I most what to learn about negotiation, myself, or anything else in (and around) this course?

My Intermediate Negotiation Goals Worksheet

Name: _______________________________________

Answer these questions by the time designated on the syllabus. Think carefully before answering. Be as specific as you can.

My habits, attitudes, or characteristics that seem to be helping in my negotiations? How?

My habits, attitudes, or characteristics that seem to be problems in my negotiations? How?

My specific plan to address my problem areas?

What I feel I need to learn this semester about negotiation, myself, or anything else?

List at least three (3) of each of the following negotiation behaviors

New Behaviors I Want to Try Old Behaviors I Want to Change Behaviors I Want to Continue

My Closing Negotiation Goals Worksheet

Name:__________________________________

Answer these questions by the time designated on the syllabus. Think carefully before answering. Be as specific as you can.

My habits, attitudes, or characteristics that have helped me in my negotiations this semester? How?

My habits, attitudes, or characteristics that remain problems in my negotiations? Why?

My specific plan to address those problem areas as a professional?

The most important things I have learned this semester about negotiation, myself, or anything else?

List at least three (3) of each of the following negotiation behaviors