743 Negotiation/Mediation, Spring 2018

Categories: Civil Litigation and Dispute Resolution Law Practice Skills

Section 001, Negotiation/Mediation - Hahn, Erin, Phillips, Megan

Course Page for Spring 2018 - Hahn, Erin, Phillips, Megan

This course examines both negotiation and mediation as they are used to put deals together, resolve disputes and settle legal claims. Students learn about competitive bargaining and collaborative problem solving and acquire insight into the management of the tension between these approaches. Through simulated exercises, students develop skills and confidence as negotiators, including an awareness of the psychological aspects of dispute resolution and barriers to consensus. The course involves substantial interpersonal engagement. The first half of the course will focus on development of each student's individual negotiation skills. The second half of the course will delve into the mediation process and techniques both from the perspective of mediators and lawyers who represent clients in mediation. Several practicing lawyers will share their personal experiences in both negotiation and mediation settings. This is a 2-credit, mandatory pass/fail, limited enrollment course. Evaluation of students will be based on class participation, completion of assignments, regular class attendance and participation in negotiation and mediation simulations which may be scheduled outside regular class meetings.

Learning Outcomes –
1. Know how to draft a negotiation plan.
2. Know the foundations of effective negotiation.
3. Understand the basic steps in the negotiation process.
4. Complete a fully videotaped negotiation, and accept feedback on performance.
5. Understand the basic steps in the mediation process.
6. Learn how to write a mediation statement.

Recent Offerings of this course by this instructor

Section 002, Negotiation/Mediation - Williams, Melissa, Senatori, Megan

Course Page for Spring 2018 - Williams, Melissa, Senatori, Megan

This course helps students develop their skills and performance as negotiators. This is an experiential learning course with substantial use of critiqued simulation exercises including recorded and individually critiqued exams. Students will study and practice techniques, processes and strategies of effective negotiation behavior in a number of settings that simulate legal practice. An intensive negotiations course involves substantial interpersonal engagement. Such engagement facilitates self reflection and relevant insight about oneself as negotiator.


As a result of course participation, students will be able to:
• Identify and self-reflect on the student’s individual negotiation style at the start of the semester with the goal of developing and refining it throughout the semester.
• Apply skills learned through a series of hands-on negotiation activities in and outside class.
• Demonstrate knowledge about negotiation ethics, procedures, barriers to settlement, and goals and objectives for effective negotiation.
• Explore alternative dispute resolution mechanisms to enhance the ability to settle cases outside of traditional litigation forums, including mediation and arbitration as a means of resolving conflict
• Prepare and present effective, informative and persuasive negotiation skills.