Counseling and Negotiation

At least 90 percent of legal disputes are settled through negotiations. Lawyers must understand their clients’ “best alternative to a negotiated agreement” or BATNA—which may be trying the case—but in the end their negotiating skills are paramount in getting the best result. This course teaches negotiation theory and skills through lecture, discussion, and the performance of roleplaying exercises designed to engage students in learning the basics of both what to do and what not to do. Those exercises include the basics of interviewing, formulating the theory of a case, negotiating ground rules for a negotiation, conducting negotiations, and drafting settlement agreements. Students work in teams and learn how to use the strength of a group to formulate and execute effective negotiating strategy. Exercises are graded; there is no final exam.

Key to Codes in Course Descriptions
P: Prerequisite
C: Prerequisite or Concurrent Requirement
R: Recommended Prior or Concurrent Course