Primarily through simulation exercises and role playing, the course covers alternative approaches to negotiation and the requisite skills associated with each. The course focuses on the competitive approach, sometimes referred to as adversarial bargaining, and the problem solving approach, sometimes referred to as interest-based bargaining. Students negotiate mock problems against each other based on a prepared set of facts. Negotiations are reviewed by group discussion and use of videotape review. Among the topics addressed are: preparation, including case evaluation and client counseling; tactics and countermeasures, including first offer and demand patterns as well as concession strategies; communication skills, including nonverbal interpretation, questioning and blocking techniques, and active listening; psychological barriers to conflict resolution; competitive v. cooperative styles and techniques; and ethical issues.
Mediation (E. Bark*r)
This practice-oriented course will teach the basic, practical knowledge needed to work as a mediator, helping others to resolve conflicts. Those who do not choose to work as mediators will gain a detailed understanding of the mediation process that will enable them to counsel and represent clients effectively in the mediation context. All will gain communication skills that will be invaluable in working with clients and other attorneys.
Because the course will rely primarily on experiential learning, attendance at every class session is mandatory. Different models of mediation will be presented, as will material on interest-based negotiation and dealing with difficult people. Throughout the class, we will be considering the values underlying the mediation process and the effect of the mediator's own attitudes about conflict.
