Negotiation

NEGOTIATION – GETTING A DEAL Law 346K COURSE SUMMARY Effective negotiation requires preparation, strategy, technical skill, judgment and flexibility. Clients frequently rely on their legal counsel to negotiate on their behalf because of counsel’s intense grasp of the circumstances and knowledge of the law. Many aspects of a lawyer’s practice involve negotiations, whether in the context of settlements, plea bargains, agreements and transactions. This course will provide an overview of the fundamentals applicable to any negotiation (or not) and delve into the negotiation of an acquisition with a focus on the financial aspects. Each person has a natural or instinctive style used to negotiate. However, that style must be assessed based on the dynamics at play. We will evaluate effective techniques, discuss common tactics, and explore different methods that can optimize results. The course will require active participation and advance preparation to derive the benefits of the simulated negotiation sessions, which are aimed to assist students in broadening their practice skills. Some of the negotiations will be recorded. For the simulated negotiation of an acquisition, the preparation will include understanding the dynamics of the deal and the consequences of the scope of the contract provisions to be included in the purchase agreement. The students will negotiate the deal price and structure, the purchase price adjustment mechanisms, the indemnities and other provisions. This course meets the Professional Skills requirement for law school graduation. It will be helpful for the participants to have had business associations and basic accounting.

Class Details

Meeting Days Time Location
Tuesday 3:45 - 4:35 pm CCJ 3.306
Thursday 3:45 - 5:35 pm CCJ 3.306
Exam Type Date Time Alpha Range Room
None

Additional Information

Course Type
Grading Method
Pass/Fail Allowed
Features
Satisfies ABA Professional Skills Requirement

Textbooks

  • Sales Store Materials
          (required)
  • The Art of Negotiation: How to Improvise Agreement in a Chaotic World - Michael Wheeler
      Simon & Schuster , edition: 2013
      ISBN: TBD   (required)
  • The M&A Process: A Practical Guide for the Business Lawyer - Committee on Negotiated Acquisitions
      American Bar Association , edition: 2005
      ISBN: ISBN-10: 1-59031-572   (required)

Faculty

Mai, Mark F. Mai, Mark F.