Instructor(s) 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.
By the end of this course, students should:
1. Understand techniques to prepare clients for both negotiation and mediation.
2. Know how to draft a negotiation plan.
3. Understand a negotiation from both the client’s and the opponent’s perspective, particularly with respect to leverage, interests and potential concessions.
4. Know the foundations of effective negotiation.
5. Complete a fully videotaped negotiation, and accepted feedback on their performance.
6. Understand the basic steps in the negotiation process.
7. Have demonstrated ability in negotiating in 1-on-1 and group settings.
8. Know how to adapt to opposing attorneys who use a variety of different negotiation styles.
9. Accept and use feedback on their performance in class during negotiation and mediation exercises.
10. Understand when to suggest mediation to a client and how to help the client select a mediator.
11. Learn how to write a mediation statement.
12. Feel comfortable representing a client in mediation.