LAW 615: Negotiation

Negotiation Theory, Strategies & Practical Exercises

Overview

This skills course develops negotiation competencies through theory, practice exercises, and feedback. Topics include information exchange, interest-based versus positional bargaining, distributive and integrative negotiation, BATNA analysis, cultural differences in negotiation, and ethical considerations. The course combines classroom discussion with role-play exercises and negotiation simulations.

Negotiation skills are essential for all lawyers. This course develops practical competencies applicable to settlements, transactional negotiation, and dispute resolution across all practice areas.

Learning Objectives

  • Understand negotiation theory and tactical frameworks
  • Develop BATNA analysis and reservation point identification skills
  • Practice interest-based negotiation and creative problem-solving
  • Apply negotiation strategies to litigation and transactional contexts
  • Understand ethical rules applicable to negotiation conduct
  • Develop self-reflection and feedback integration skills

Lecture Topics

Negotiation Fundamentals

Distributive vs. integrative negotiation, interests vs. positions, and negotiation phases.

Preparation & Information Exchange

BATNA analysis, reservation point determination, information gathering, and strategic disclosure.

Opening Strategies & Anchoring

First offer effects, anchoring bias, and opening strategy selection for different contexts.

Making & Responding to Offers

Offer mechanics, concession patterns, signaling, and responding to ultimatums.

Impasse & Creative Problem-Solving

Overcoming deadlock, brainstorming alternatives, and identifying integrative solutions.

Cultural & Gender Considerations

Cross-cultural negotiation styles, gender effects on negotiation outcomes, and stereotype management.

Ethical Issues in Negotiation

Truthfulness requirements, misrepresentation limits, and Model Rules applications in negotiation.

Transactional Negotiation

Deal structure negotiation, term negotiation, contract drafting process, and negotiation documentation.

Recommended Resources

Foundational Text

Getting to Yes by Fisher, Ury & Patton (3rd ed. 2011)

Classic interest-based negotiation framework. Essential foundation for principled negotiation approach.

Behavioral Insights

Negotiation: Readings, Cases, and Exercises by Lewicki, Saunders & Barry (7th ed. 2014)

Comprehensive coverage of negotiation theory with behavioral economics integration.

Practical Skills

Negotiation in Transactional Practice by Gilson (2nd ed. 2014)

Practical guide to deal negotiation and documentation from experienced transactional lawyer.

Practice Quizzes

Quiz 1: Negotiation Theory & Analysis

BATNA, distributive vs. integrative, information exchange. 8 questions.

Quiz 2: Negotiation Tactics & Strategy

Opening strategy, offers, concessions, impasse resolution. 10 questions.

Quiz 3: Ethical & Cross-Cultural Negotiation

Ethics, misrepresentation, cultural styles, gender effects. 9 questions.