Negotiation and Dispute Resolution (Diamond)
F 1:00PM - 4:00PM
Effective negotiation is at the root of most successful professional and personal encounters today. Whether representing an individual client or putting together a billion dollar deal, there are measurable differences in results between those who negotiate well and those who do not. The same is true whether buying a car or having a discussion with a family member. This course provides law students with the practical tools to become better negotiators. Students will learn how to systematically prepare for negotiations, deal effectively with hard bargainers and power imbalances, find hidden agendas, use standards more effectively, build coalitions, find creative options to overcome impasses, win over opponents and generally gain better results from the myriad encounters of life. This includes negotiating with peers, superiors and subordinates, in two-party and multiparty situations, with those who are similar as well as those who are very different. The course will include work on the special challenges of attorneys, including agency and ethics issues, use of negotiation in a litigation environment, and the problems and opportunities of multi-cultural and international representations. Also to be addressed will be issues of personal style, negotiating in highly emotional situations and dealing with a wide variety of parties, from passive to belligerent, corporate to government, family to fiduciary. A theoretical foundation will be presented. But the emphasis in each case will be on practical, operational tools. The course will be participatory. Students will negotiate cases from the start and will also be encouraged to bring their own thorny negotiation problems to class, to be analyzed and solved. This includes issues that students may already have or contemplate from their law firm jobs. There will be opportunities outside of class for one-on-one meetings with the professor on individual negotiation issues. Please note: All students are required to attend the first class of the semester. If you do not show up to the first class, you will be dropped from the course and your seat will be given to someone on the waiting list. Professor Diamond highly encourages #’s 1-10 on the waitlist to attend the first class. Required reading - Getting More: How To Negotiate To Achieve Your Goals in The Real World by Stuart Diamond. Published by Random House.
Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.
"Getting More" by Stuart Diamond