Negotiation Skills (LAWS70468)

Irrespective of their speciality, lawyers must negotiate. Litigators resolve far more disputes through negotiation than by trial. Business lawyers in every domain negotiate on behalf of their clients. Commercial litigators, public interest lawyers, in-house counsel, government lawyers, criminal lawyers, and tort lawyers all share the need to be effective negotiators. However few lawyers have any systematic understanding of why negotiations often fail or have suboptimal results, of the dilemmas inherent in negotiations, or of the characteristics of effective negotiators The same can be said for most non-lawyers who negotiate in business or other contexts.

By combining theory and practice, this subject should enhance students’ understanding of negotiation and their effectiveness as negotiators. The subject should improve their ability to prepare for a negotiation, to engage others in joint problem-solving, and to select appropriate strategies when negotiations don’t go well. Above all, this subject will equip students to continue refining their skills as they gain more experience.

Florrie Darwin has taught negotiation skills to students, as well as a broad range of professionals, around the world.

Principal topics include:

• Introduction to negotiation principles
• Basic framework for preparing, conducting and reviewing a negotiation
• Giving and receiving feedback
• Creating value in negotiations
• The challenge of distribution
• Effective listening
• Managing interpersonal differences
• Negotiating via email
• Effective responses to difficult negotiation tactics
• Dealing with structural complexity in negotiation/multi-party negotiations.