This seminar is an interactive workshop designed to teach the practice and principles of joint problem-solving and to improve students' negotiating skills. Students will be expected to read, write, discuss, critique, and participate in simulated disputes, both in and outside of class. The simulations are designed to familiarize students with the negotiating process, to plan and prepare for negotiations, to identify and experiment with individual negotiating styles and to raise ethical and practical questions. Simulations are taken from a variety of practice areas, including community, commercial, environmental, interpersonal, litigation, and transactional disputes. The effect of gender, culture, power, politics, impasse, and attitude toward conflict will also be explored.
Students learn to negotiate by participating in simulations, studying and discussing negotiation theory and principles, analyzing negotiation exercises, and being critiqued. They will analyze their own negotiations by maintaining a weekly journal throughout the seminar.
The class meets once a week for three hours; attendance is required to fulfill class commitment and students must attend the first class to be enrolled. Grades will be based on class participation, development and application of negotiation skills, the quality of the student's journal (including analysis, application of theory and principles, self-reflection, creativity, style, and organization), and the quality of and result of simulated negotiations.
The aim of this workshop is to help students improve their skills in negotiation, joint decision-making, and joint problem-solving, and to make them better able to develop these skills further in the future. These skills are key components of practicing law. More specifically, the aims are
- To give you an organized theoretical framework with which to analyze problems of negotiation -- one that will help you to keep learning from your experiences.
- To enable you to experiment actively with a variety of negotiating techniques and your own negotiating styles.
- To become aware of the dynamics of the negotiation process and self aware of one's actions within that process.
- To help you become more sensitive to ethical issues in negotiation.
- To improve communication, listening, and problem solving skills, and better understand the role of language and culture in negotiations.
- To give you an understanding of other forms of dispute resolution.
- Specific objectives include learning:
- how to plan for a negotiation
- how to create value
- how to actively listen
- understanding negotiation styles, tactics, strategies and techniques
- how to overcome barriers to agreement
- how to consider the impact of culture on negotiations