Law schools have traditionally prepared lawyers for litigation and the courts, although in practice lawyers spend much of their time resolving disputes through forms of alternative dispute resolution, including negotiation and mediation. Lawyer as Negotiation is designed to familiarize students with representative negotiation theory and practice, and specifically how theory informs the development of legal bargaining strategy. Students will attend weekly lectures, conduct negotiation simulations, and participate in small group discussions and reflections which will introduce and critique the principles of representative negotiation. Students will be expected to prepare detailed negotiation plans for their weekly negotiations as well as two final negotiations held at the end of the semester. Students will be coached and critiqued by practicing lawyers throughout the year, and will be encouraged to reflect on and discuss their weekly negotiations in small working groups of either 14 or 16 students.
The first half of the course will introduce students to distributive and integrative bargaining techniques as well as the importance of developing a negotiation strategy and a detailed plan for each negotiation. The second half of the course will focus on the importance of power, gender, culture, ethics, and emotions, among other issues, in representative negotiations.