- Semester: Spring 2021
- Course ID: 346K
- Credit Hours: 3
- Grading Method: Pass/Fail Allowed (JD only)
- Experiential Credit: 3 credit hours
- Professional Skills: Satisfies ABA Professional Skills Requirement
- Will not use floating mean GPA
- Upperclass-only elective
|TUE||4:15 - 7:15 pm||TNH 2.138|
This course will be taught in person but with the option of remote participation via Zoom. Please note that this course might become online-only in the event that actual in-person attendance during the semester consistently falls below a threshold to be determined in the exercise of reasonable discretion by the instructor and the Student Affairs Office.
Instructor: Michael J. Schless (http://www.schlessadr.com/) Whether litigating civil or criminal cases, focusing on transactional work, or not even engaging in the practice of law per se, it is likely that the professional life of any law school graduate will include negotiating on a regular and frequent basis. An intuitive sense and engaging personality are examples of innate skills that can enhance a negotiator’s effectiveness and probably cannot be effectively taught. But basic negotiating skills can be taught and ought to be part of the law school curriculum and every law student’s experience. This course is intended to provide an introduction to negotiation theory and practice. We will discuss and practice negotiation structure, strategy, skills, styles, agreement writing, and ethics. We will also examine psychological, cultural, racial and gender influences on the negotiation process. This is a highly interactive course utilizing negotiating exercises between individual or pairs of students (some of which will be video recorded), based upon both hypothetical and actual case studies and reviewed in class, and class discussions in which everyone will be expected to actively participate. We will also invite experienced attorneys and other professionals to share their insights and demonstrate effective negotiating skills. The course is limited to sixteen students, and because we will meet as a full class only once a week, regular attendance is expected. There will be no exams. Grades will be determined by performance on the negotiating problems, agreement writing, journal entries, other writing exercises, and participation in class discussions.