Negotiations (LAWS50131)

Negotiation is an essential skill-set for lawyers and the legal profession. Due to negotiations by lawyers, many civil and criminal law cases are settled before the parties even enter the courtroom. Lawyers negotiate on behalf of their client with other lawyers as well as third party non-lawyers. Lawyers must also negotiate internally with their own client as well as other parties to reach consensus. Negotiations also occur in various forms, from traditional settings such as conference rooms and courtrooms, to non-traditional settings such as e-mail and social media communication. Thus, the ability for lawyers to develop and utilise a negotiator's toolbox to negotiate within and among a broad array of environments are essential elements of the legal profession.

The aim of this subject is to acquaint students with the theory and practice of legal negotiations as they relate to the strategic legal process. This class will be highly interactive. Students will have the opportunity to read and discuss a variety of written materials, engage in a variety of negotiation simulations (involving role-playing scenarios, case hypotheticals, and experimental games), as well as become intricately involved in other negotiation-related scenarios and situations.

Classes will generally be comprised of:

(1) concepts/strategies (theory) presented;
(2) simulation and role-playing scenarios applying such concepts/strategies (practice); and
(3) a de-briefing of the two components (theory and practice). For the negotiation simulations to be as valuable and realistic as possible, preparation and active participation is expected by those negotiating and playing specified roles - for each participant's individual benefit as well as for the benefit of all class participants as a collaborative group.