LAW-2807 Negotiation and Mediation
Negotiation is part of the work of lawyers, and occurs in many contexts. Mediation is a form of third-party assisted negotiation, which is becoming an increasingly important vehicle for resolving disputes that might otherwise go to court, or if in court, to trial. While the framework of litigation is well established, mediations are shaped by the nature of the dispute, the nature of the disputants, and the nature of the mediator. Mediation may be helpfully understood as a form of facilitated negotiation. This course is designed to help you understand negotiation and mediation (and, to a certain extent, other forms of dispute resolution other than litigation). Also, as useful as substantive knowledge and skills can be, equally important for a negotiator or a mediator is the capacity to be self-aware and, if possible, to adjust behavior to fit the circumstances of a dispute, including the people involved. To that end, as part of this course, you will begin learning basic negotiation theory and practice and then move to applying that learning in the mediation context. You will also be introduced to ways that will help you become more aware of others, as well as yourself, when involved in disputes, as well as how to enhance your capacity to pay careful attention to what is happening in the moment. You will also keep a journal about your reading and experience, primarily in negotiation and mediation simulations, which will form the basis of a brief paper reflecting on your own strengths and challenges in dispute resolution. In place of an examination, you will also write a paper that can involve both library and field research on some aspect of dispute resolution, which you will then present to the seminar. (The course writing is not available to satisfy the legal writing requirement. The course writing is further described in more detail in a separate memorandum which you will receive.) The overall objective is to help you acquire substantive learning and self-knowledge, as well as skills to complement your own preferred negotiation and mediation style, as you become aware of it. Having taken the basic negotiation is not a prerequisite, but students who have taken the basic negotiation course may not also take this seminar. Students may not also enroll in a Mediation or any other ADR course.