All lawyers, regardless of specialty, must negotiate: with opposing counsel, with clients, and with members of their own firms or organizations. Law 709 is a 3-unit course that provides an overview of the theoretical issues negotiators must confront and an opportunity for students to hone their negotiating skills. Topics will include negotiation preparation, integrative and distributive bargaining, the effect of psychological factors and social norms in negotiation, unique issues that arise when lawyers are involved in negotiation, legal rules affecting the negotiation process, the personal styles of negotiators, and differences between two-party and multi-party negotiating situations, the role of trust and emotion in negotiation, and the use of mediation as a technique to facilitate negotiation. The course will meet in a workshop format once a week from 3:05-6:15 with a short break included. Each session will combine lecture, hands-on negotiating simulations and exercises, and discussion conducted in "small section" groups.
The course will be limited to 48 students, who will be divided into two "small sections" of 24 students each for simulations and discussions. Professor Korobkin will teach the large-group sessions that involve all the students. Professors Babbe and Feldman will lead the small-section discussions. Each small section will be graded separately, with grades distributed based on the rules concerning courses with fewer than 40 students. Grades will be based on a final paper (50%), class participation (25%), and short assignments related to the negotiation simulations (25%), and will be distributed according to the grading parameters for classes with fewer than 40 students. Grades will not depend on outcomes achieved in negotiation simulations.
VERY IMPORTANT NOTE: To ensure that we have the full complement of students, no drops will be permitted after 5:00 p.m. on the first day of spring semester, Wednesday January 8, 2014. Please note that this is six days before the first meeting of the course. Class enrollment will be locked at that time. A complete syllabus with all course requirements will be posted prior to winter break.