743 Negotiation/Mediation - §003, Spring 2013

Categories: Civil Litigation and Dispute Resolution Law Practice Skills

Instructor(s) Frankel, Mark, Phillips, Megan

This course examines both negotiation and mediation as they are used to put deals together, resolve disputes and settle legal claims. Students learn about competitive bargaining and collaborative problem solving and acquire insight into the management of the tension between these approaches. Through simulated exercises, students develop skills and confidence as negotiators, including an awareness of the psychological aspects of dispute resolution and barriers to consensus. The course involves substantial interpersonal engagement. Approximately five weeks of the course will focus on development of each student's individual negotiation skills. The remainder of the course will delve into the mediation process and techniques both from the perspective of mediators and lawyers who represent clients in mediation. Several practicing lawyers will share their personal experiences in both negotiation and mediation settings. This is a 2-credit, limited enrollment, pass/fail-only course. A passing grade will require class participation, completion of assignments, regular class attendance and participation in negotiation and mediation simulations which may be scheduled outside regular class meetings.

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