JJUA54016U Negotiation and Dispute Resolution in Theory and Practice
The main objective of the course is to provide the participants
with theoretical knowledge and practical training in different
negotiation techniques including preparations ahead of meetings,
the negotiation process and the subsequent analysis. Emphasis will
be placed on the understanding of the factors that will contribute
to negotiation effectiveness, considerations regarding the tactical
choices and strategic decisions available and the ability to
develop wise agreements through developing interests that would
otherwise be overlooked.
Settlement of conflicts by court is often - in any legal system -
time as well as money consuming. Litigation may even complicate
ongoing relations between the parties after a court decision. For
these reasons only a small part of conflicts whether between
organizations, between individuals and organizations or the state,
end up in court. Knowledge and skills in negotiation and dispute
resolution will, therefore, be useful to practising lawyers and
business people everywhere.
These are three main approaches to dealing with conflicts:
Domination, compromise and integration. During the course the
differences between the three attitudes will be exemplified and
discussed in connection with the ethical implications attached.
Also the differences between chairmanship, the role of the mediator
and the judge will be emphasized and discussed.
All course materials are in English, and the class discussions will
be conducted in English.
The course will be conducted as an interaction between theory,
exercises and realistic negotiation-plays based on problems
relevant to lawyers including constructive evaluation of each
individual participant's activity. Video films will be shown
and discussed. A thorough pre-analysis is a decisive qualification
in reaching a satisfactory result as a negotiator. The pre-analysis
must deal with definition of the parties' mandate, agenda
setting, the possibility of coalitions, possible difficulties in
keeping loyalty, the identification and framing of issues involved,
power resources, possible alternatives to an agreement etc. The
participants will be trained in preparing such pre-analysis.
During the simulated negotiations the participants will be faced
with their own negotiation style and trained in the use of other
techniques, trained in the use of objective criteria, in focusing
on interests in stead of positions, in dealing with emotional
outbursts, over-coming "no", identifying and dealing with
dirty tricks etc. Following negotiation the participants must
analyse to which extent the preparation was satisfactory, which
techniques and strategies were used and might/should have been
used, how much information was revealed, whether concessions were
reciprocal, whether the results in general were satisfactory etc.
The course will include examples of which qualifications and
techniques a mediator/facilitor should possess, and will give the
participants an opportunity to practice these techniques to
different types of conflicts and to test which techniques will be
particularly useful to that participant in
particular.
- Explain the concept of negotiation regarded as a
process in which two or more parties in actual or potential
conflict through communication attempt to reach a joint decision on
matters of mutual/common concern.
- Explain the basic differences of legal negotiation from
negotiation in general, emphasizing client representation
- Explain the different phases in negotiation,
identifying, analysing and presenting arguments supporting the
choice of elements, which have to be taken into consideration in
the preplanning process
- Introduced to a practical example (case), analyse and
identify to the case relevant elements, based upon which strategic
decisions and tactical choices concerning an upcoming negotiation
or dispute resolution can be merited
- Orally present in an independent and timely manner such
analysis, its findings and conclusions
- Convincingly negotiate same case following the
pre-planned strategy, however showing ability to flexibly adapt
strategy as needed
- Explain and reflect upon the concept of
conflicts
- Analyse and discuss in theory and illustrate in
practice how to identify different types of conflict and how to
deal with them (conflict management)
- Present at least 4 different types of dispute resolution
possibilities and critical argue how to chose between them and
analyse basic advantages and/or disadvantages that may derive from
the choice of resolution type
- Handle negotiation preparations, the negotiation process
and techniques and through post-negotiation analysis reflect upon
the negotiation in connection with a practical example
- Present the ability to devise agreements based upon the
interests of both/all parties involved.
- Communicate and formulate her/his knowledge and
arguments professionally and linguistically correct and in a way
that is structured and coherent
- Donald G. Gifford: “Legal Negotiaton, Theory & Practice", Second Edition, by Donald G. Gifford, ISBN # 978-0-314-15912-0
- Harvard Business Essentials: “Negotiation”, ISBN 1-59139-111-3
- William Ury: “Getting past no”, ISBN 0-7126-5086-5 or
0-7126-5523-9
If you like to read a little more, we highly recommend this extra-curricular literature: - Roger J. Volkema:"The Negotiation Toolkit" (Anacom), ISBN 0-8144-8008-X
- Charles B. Craver: "Effective Legal Negotiation and Settlement", ISBN 0327159170
- Larry L. Teply: “Legal Negotiation – in a nut shell”, ISBN 0-314-15417-5
Negotiation and Dispute Resolution in Theory and Practice, Konfliktmægling/Mediation and Forhandling og konflikthåndtering i teori og praksis are mutually exclusive. It is therefore only possible to follow and be examined in one of these three courses, during the course of study.
- Category
- Hours
- Preparation
- 241
- Seminar
- 34
- Total
- 275
- Credit
- 10 ECTS
- Type of assessment
- Oral examination, 20 minOral exam with preparation, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
Autumn: 1. - 5. December 2014 (preliminary dates) Spring: 15. - 19. June 2015 (preliminary dates)
Course information
- Language
- English
- Course code
- JJUA54016U
- Credit
- 10 ECTS
- Level
- Full Degree MasterFull Degree Master choice
- Duration
- 1 semester
- Placement
- Autumn And Spring
- Schedule
- Please see timetable for teaching time
- Continuing and further education
- Study board
- Law
Contracting department
- Law
Course responsibles
- Lin Adrian (10-6e6b70306366746b6370426c7774306d7730666d)
Lecturers
External lecture, Birte Bruce, Mediator, J.D.