Negotiation is a fundamental skill in the practice of law. Litigators negotiate settlement in far more cases than they try. For transactional lawyers, the negotiation of documents is the bedrock of their practice.
This course is designed to teach practical negotiating skills. The course will examine theories of negotiation, negotiation strategies, and cultural and gender issues in negotiation. The course is designed to teach students skills to identify and avoid common negotiation mistakes, techniques for dealing with difficult negotiators, and techniques for dealing with impasse.
Learning to negotiate skillfully is like learning to sail. One can read many books and periodicals about sailing and sailboats, but one cannot learn to sail without getting on the water. Likewise one cannot learn to negotiate without negotiating. This course will provide "hands on" negotiation opportunities using simulated negotiation exercises. These negotiation simulations will focus on typical negotiation problems faced by lawyers such as the settlement of lawsuits and the negotiation of various business transactions.
The class format will combine lecture, discussion, and the simulations. Because of the structure of the negotiation exercises attendance is mandatory. The grade for this course will be based upon class participation, a negotiation journal to be maintained weekly during the course, and written exercises. In lieu of a final exam, the students will be asked to prepare a memorandum to a client or supervising partner concerning a negotiation problem.
Fleming, John C.