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.