Negotiation for Lawyers

Course Description

I. Overview

The goal of this course is to improve both your understanding of negotiation and your effectiveness as a negotiator.  Within class, you’ll spend a significant amount of time in simulated negotiation role plays.  Homework will typically consist of preparing for the next class negotiation, assigned readings and writing a journal entry.  There will be no final exam.  You will be graded on your negotiation preparation outlines and your journal entries.

II. Course Materials

1. Bargaining for Advantage: Negotiation Strategies for Reasonable People by G. Richard Shell
2. Lawyer Negotiation: Theory, Practice and Law by Jay Folberg and Dwight Golann
3. Various Additional Readings

III.    Simulated Negotiation Exercises

At the end of many classes, I will distribute simulated negotiation role play exercises for the following class.  These will have different roles for different people.  You will receive role play materials and confidential instructions.  Do not share the confidential instructions with other students.

IV. Course Requirements

  1. Attendance and Preparation. Your attendance and preparation are critical in the course.  In many classes, you’ll be paired to negotiate with other students. It will be important to come to class prepared to negotiate.  This will provide the most benefit to you in your partner.  You will have to prepare a negotiation outline for each negotiation that will be graded.
  2. Good Faith Effort.  Learning to be a better negotiator is not something can be simply taught to you.  You must work at it to improve.  A good-faith effort is important to you and your classmate’s learning experience.
  3. Participation.  This is a discussion course and it will be helpful if everyone participates.  Also, if you have creative ideas on how to explore the materials and subject matter in an interesting and entertaining way, please let me know. You will have to negotiate all of the exercises unless you have an excuse for missing one in order to get a passing grade.
  4. Requirements. 

Journals.  You will be required to keep a journal and make journal entries over the course of the semester.  You will be graded on your preparation sheet and your journal entries.  You need to start a journal and keep it in a 3 hole binder.   These entries will need to be typed and turned in on 3 hole paper in your binder.  (I have allowed hand written entireties in the past..  sorry, it did not work).  In the journals, you’ll prepare your negotiations in writing, develop ideas and reflect upon negotiations for the week.  Entries into the journals should be made weekly and will be turned in every few weeks.

Negotiation Binder.  One of the goals of the class will be for you to develop checklists, preparation outlines, useful articles and documents that you can use in your future career.  You will be asked to collect these helpful documents, articles, and any additional written information and organize them into a Negotiation binder.  You will submit this binder at the end of class.

V. Grading:
This class will be graded.  You will be graded on your preparation outlines and your journal entries.

Assignments- Negotiations

Week 1: Introduction

  1. Exercise (#1): Win as Much as You Can – No journal entries
  2. Class Framework
  3. Class Assignments
  4. General Introduction to Negotiation
  5. Review — Materials for 2nd and 3rd  Week session with Judge Kirwan
  6. Truck Exercise- Assignment for 1-28
  7. Journal Entries– read Journal Entries Document on Good Drive
  8. All negotiations must have a preparation sheet– choose one you like from Google Drive
  9. Class Project – Paper or something else?

Week 2Conflict Resolution- Mediation- Judge Kirwan

  1. Conflict and Dispute Resolution– Different Forms– Pros and Cons of each
    1. Read Mediation Case Book pages 1-48 — In Google Docs — General Section
    2. Assignment — given out by Judge Kirwan

Week 3Conflict Resolution Mediation- Judge Kirwan–

  1. Overview of Mediation Process–
    1. Read Mediation Case Book– pages 49-74 in Google Docs
    2. Assignment Due today Assignment #1
    3. Divide up class in pairs– for Truck exercise #1 negotiation– next Week–


Week 4: Negotiation and Conflict; Perceptions, Fairness and Settlement Psychology  

  1. Lawyer Negotiation: Chapter 1 pages 1-9;
  2. Lawyer Negotiation: Chapter 2 pages 15-44
  3. Bargaining Styles Appendix A: in back of Bargaining for Advantage—Take that easy test.
  4. Journal Entry (Assignment #2) (no relation to the exercise) — Write in your journal about the test and how you need to take into consideration your tendencies. You have negotiated all your life: How have your tendencies affected your past negotiations (family, friends, jobs, teachers and business). What is your negotiation style?
  5. Prepare for Negotiation – Truck exercise #2. What is important to know, to understand before the negotiation and how do you prepare for a negotiation?
  6. Post negotiation entry for Truck Exercise (#2).
  7. Pass out Sally Swansong (#3 negotiation)-Prepare to Negotiate this next week. Use a preparation checklist.

Week 5: Problem Solving Models- Creativity

  1. Lawyer Negotiation: Chapter 3 pages 45-73
  2. Lawyer Negotiation: Chapter 4 pages 75-99
  3. Preparation for Sally Swansong (#3) —Prepare for the Sally Swansong negotiation. Use a negotiation checklist. Bargaining for Advantage– Appendix B. Write an entry about the preparation. Offer… Demand… Items to trade and strategy. Most important: look for mutual benefits and joint gains. What can be done which would help both parties?
  4. Negotiate Sally (#3) Journal Entry (#3)–. What do you need to do in the future to improve? How did the negotiation go?

Week 6:  Negotiation Planning; Goals and Authoritative Standards

  1. Lawyer Negotiation Chapter 5 pages 101-114
  2. Bargaining for Advantage: 27-57
  3. Negotiate Easy Garage(#4)
  4. Preparations for Easy Garage — #4.
  5. Journal entry #4
  6. Binders with all entries to date due in 1 week.

Week 7:  Negotiation Planning and Preparation; Interests, Relationships and Leverage

  1. Bargaining for Advantage: 77-137
  2. Negotiate Betty v James (#5) look at General Information for both. Then the confidential information for your party.  Do not read Judges information Preparation #5
  3. Journal Entry (#5) How did the negotiation go? Areas of success, areas of improvement? Are you using competitive or problem solving techniques?
  4. Binders are due today with entries #1-4 and prep for Betty v James.


Week 8:  Persuasion

  1. Lawyer Negotiation — Chapter 6
  2. Prepare Cubit negotiation (#6) and preparation sheet Journal entry (#6).
  3. How can you improve? How did it go? What type of negotiation? What tactics did you choose? Journal entry (#6)


Week 9: Ethics

  1. Bargaining for Advantage 138-155
  2. Ethics — Lawyer Negotiation — Chapter 10
  3. Prepare Betty v. James (#7) and preparation sheet Journal entry (#7).
  4. How can you improve? How did I go? What type of negotiation? What tactics did you choose? Journal entry (#7)


Week 10: Competitive Bargaining

  1. Broken Bench Negotiation
  2. Prepare for Negotiation (#8)
  3. Post negotiation Journal entry (#8)
  4. Lawyer Negotiation Chapter 7


Week 11: Telephone- E-Mail and Cyber Negotiations

  1. Lawyer Negotiation Chapter 8   
  2. Power Screen  (exercise #9)
  3. How did the negotiation go? How can you improve? (Journal entry #9)

Week 12: Gender, Culture and Race

  1. Lawyer Negotiation Chapter 9
  2. Negotiate Claudia v PMG (exercise #10)  Prepare for #10
  3. Prep for Claudia  #10 – Journal entry
  4. Journal entry for Gender Issues (please disregard the numbers– Just call this Journal entry for Gender Issues– )  What are your experiences with respect to gender issues in negotiations? Are there differences in style, tactics and attitudes? What about cultural issues? Are there differences in styles? Do you think you understand other cultures well? The other Gender.

Week 13: Continued: Gender Culture and Race; Emotional IQ

  1. Prepare and Negotiate the Criminal Case — Journal entry for prep and post negotiation (#11)
  2. Read pages 227-255 in Lawyer Negotiation Book


Week 14: Multi Party Negotiations

  1. Lawyer Negotiation pages 367-402
  2. Harborco Exercise – This is a 6 party negotiation. Preparation and post negotiation entries (#12).

Week 15: Last Class: Turn in Binders

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