Lawyering Process II: Legal Negotiation
Proficiency in negotiating is essential to both the litigator and transactional lawyer. Lawyering Process II will provide the student with theoretical understanding and intensive training designed to develop this essential skill. Through lectures, readings, and class discussions the two principal models of legal negotiation – “adversary” and “problem-solving” – will be introduced, examined, compared and critiqued. Students will engage in numerous negotiation exercises, some requiring drafting pre-negotiation plans and post-negotiation critiques. Highly experienced attorneys from the private/public sector will be invited to share their approaches/successes/challeges. Negotiations will be conducted both in-class and out-of-class. Two negotiations will be videotaped – one at mid-point and the other at end of course – for subsequent viewing/critiquing on Box. Consistent attendance is required in order to ensure the effectiveness of in-class simulated exercises and to acquire comprehensive knowledge of /practice in each negotiation model.