General Course Descriptions for Terms: negotiation


743 - Negotiation/Mediation



801 - Evidence

The rules of evidence define how facts are proven in civil and criminal litigation. While this body of law is set in the context of formal trial practice, understanding evidentiary principles provides the foundation for advice and negotiations in law practices of all types. The course will focus on the Federal Rules of Evidence while noting significant differences with important Wisconsin Rules of Evidence. Students will gain a broad, working knowledge of evidentiary rules and their foundational policies along with an in-depth understanding of how to apply specific rules in specific circumstances. With an emphasis on the practical application of the rules of evidence, analysis of appellate case law will play a limited role in the course. Instead, class discussions will emphasize hands-on solving of specific problems, formulating questions, making and ruling on objections, and planning how to get facts before a jury or judge. From time to time students will learn through presenting an assigned rule to the class and answering related evidentiary problems, as well as role-playing in realistic trial simulations. COURSE LEARNING OUTCOMES: When students successfully complete this course, they should: 1. Be capable of applying the Rules of Evidence to determine the admissibility of evidence in a litigation context. 2. Be capable of contemplating and incorporating the effects of the Rules of Evidence when structuring transactions and interactions even where there is no litigation. 3. Be capable of identifying how the Wisconsin Rules of Evidence materially differ from the Federal Rules of Evidence. 4. Be prepared to succeed in a Trial Advocacy or Advanced Trial Advocacy course given established fluency in the Rules of Evidence, allowing students to focus on learning and effectively practicing trial skills.



854 - Clinical Program: Family Court Clinic (FCC)

FCC'S Educational Mission FCC's educational mission is to expose students to the range of challenges facing unrepresented family law litigants, to train students in lawyering skills including legal research and analysis, drafting, negotiation, litigation, and mediation, and to engage students in critical inquiry into the role of the law and lawyers in redressing economic injustice and inequality. FCC students work under a clinical law professor's close supervision as they gain experience client interviewing, counseling, drafting legal documents, and advocating in court. Students develop a practical understanding of Wisconsin's family court process and critically evaluate the various responses of the justice system to the needs of unrepresented litigants. What do FCC Students do? Represent clients in selected cases that are referred to FCC from outside service providers. Assist self-represented family law litigants by providing the information and forms litigants need to complete their case, and by helping litigants to understand court rules and procedures. Observe and later participate in court hearings and mediations. Develop written materials for guiding litigants through the family court process. Work collaboratively with other FCC students and with students from other EJI clinics. In addition to weekly hours spent assisting unrepresented litigants at the Dane County Courthouse and neighborhood sites and on casework for their individual clients, FCC students participate in a weekly seminar. The seminar includes materials on: The substantive topics students will encounter in their work. Skills development, including interviewing, negotiating, counseling, litigating, and writing. Issues pertinent to substantive topics, such as ADR, use of interpreters in the courts, the role of a guardian ad litem, and abuse issues in family law disputes. Issues related to pro se representation and innovative methods for providing legal services. The weekly seminar also provides an opportunity for students to brief each other on their case work and to brainstorm new approaches to case related issues and projects. Students interested in learning more about FCC should contact Jennifer Binkley at jbinkley@wisc.edu.



940 - Construction Law, Contracting and Negotiation

This course, generally offered in the spring every other year, will study a broad array of legal and practical issues encountered with inter-dependent transactions focused on, but not limited to, the construction industry, including contracting, negotiation, and dispute resolution strategies and tactics -- with in-class drafting exercises addressing key provisions of such process-oriented transactions. Course materials will include an extensive, easy-to-read ABA textbook plus a comprehensive set of PowerPoint slides and various other supplemental items. A former student evaluation characterized the course as being "taught...in a way to make it applicable to all fields of law, not just construction."



950 - Lawyering Skills Course

The Lawyering Skills Course teaches law practice through simulations in which each student has ample opportunities to practice such fundamental lawyering skills as negotiation, oral advocacy and communication, interviewing and counseling, drafting and problem solving. Students also examine how practicing lawyers address difficult ethical and professional problems, manage their practices, and balance their professional and personal lives. The Course is led by clinician Ryan Poe-Gavlinski. In addition, the Course is taught by approximately 70 practicing lawyers and other professionals. Teams of practitioners teach each of nine weekly segments in both large group and small group classes. Students will observe and simulate the lawyer's role when handling civil, criminal and divorce cases, when processing real estate and probate matters, and when organizing and advising corporations.