JJUA55202U  Legal Negotiation in Theory and Practice

Volume 2017/2018
Content

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 post-negotiation analysis. Emphasis will be placed on the understanding of the multiple factors that contribute to negotiation effectiveness, considerations regarding the tactical choices and strategic decisions available and the ability to devise viable agreements. Settlement of conflicts by court is often time as well as money consuming, and litigation might complicate ongoing relations between the parties. For these reason only a small part of conflicts whether between individuals, organizations, between individuals and organizations or the state, end up in court. Knowledge and skills in negotiation and legal negotiation will, therefore, be useful to practicing lawyers and business people everywhere, as it is the most common way to reconcile differences.

A thorough pre-planning is a decisive qualification in reaching a satisfactory result as a negotiator. The pre-planning must deal with definition of the parties’ mandates, agenda setting, the possibility of coalitions, possible difficulties in keeping loyalty, the identification and framing of issues and interests involved, power resources, possible alternatives to an agreement (risk assessment), how to select negotiation strategies and tactics appropriate for negotiating various types of conflicts. Further, the lawyers’ role in legal negotiation in various fora, client representation, negotiation stages, on-line negotiation, multiple parties negotiations, cross-cultural negotiations, as well as gender in negotiation will be included, as well as how to become an influential negotiator using i.e. rhetorical, visualizing, cognitive conditioning, and non-verbal communication techniques, as well as awareness of own strengths and weaknesses as a negotiator. All these issues will be addressed in the course.

This course requires that the students are able to fluently read, understand and speak English. All course materials will be in English, role plays and all class discussions will be conducted in English.

The course builds on basic knowledge of the legal system and concepts of law. Insight into contract law is beneficial but not required. For students interested in combining this negotiation course with a course in mediation, the insight into negotiation theory as well as the de facto negotiation skills obtained through this course are beneficial. Likewise, knowledge of mediation is beneficial to this course.
 

Learning Outcome

The learning objectives will be that each participant will have knowledge of

1) the concept of negotiation and types of conflicts,

2) the basic differences between negotiation in general and legal negotiation emphasizing client representation,

3) the different phases in negotiation, analyzing and presenting arguments supporting the choice of elements, which have to be taken into consideration in the pre-planning process, and

4) effective communication.

5) Participants will be able to analyse and identify relevant elements in negotiation situations and make strategic decisions and tactical choices concerning an upcoming negotiation.

Participants will further be able to

6) orally present such analysis, its findings and conclusions,

7) convincingly negotiate following the pre-planned strategy/ies, however, showing ability to flexibly adapt strategy as needed.

8) Through post-negotiation analysis critically reflect upon conducted negotiation,

9) be able to devise agreements based upon the interests of both/all parties involved.

The participants will also be able to

10) conduct client councelling prior to, during, and post legal negotiation,

11) manage negotiation processes, and

12) communicate and formulate his/her knowledge and arguments professionally and linguistically correct and in a manner that is structured and coherent.

William Ury, Getting Past No: Negotiating in Difficult Situations, edition revised, Random House Publishing Group 2007

Excerpts from Larry Teply, Legal Negotiation in a Nutshell, 3rd Edition,  West Academic Publishing 2016

Participants should be able to fluently read, understand and speak English. In addition, basic analytical skills and ability to work in groups are required.
- problembased role plays
- discussion in groups
- discussions in plenum
- presentations and feed-back from teacher
- presentations and feed-back from students
- individual reflection on negotiations, post-negotiation analysis
Related subjects (any related courses or related subject areas):
Mediation in a Legal Context (7.5 ECTS) and Konfliktmægling (mediation) 15 ECTS. This course can be combined with the 7.5 ECTS mediation course, whereas, the 15 ECTS mediation course and this course in Legal Negotiation are mutually exclusive.
Legal Negotiation in Theory and Practice is mutually exclusive with Negotiation and Dispute Resolution in Theory and Practice.
Oral
Individual
Collective
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)
Peer feedback (Students give each other feedback)

The course will be conducted as an inter-action between theory, exercises and realistic negotiation-plays based on problems relevant to lawyers including teacher’s and peer’s constructive evaluation of each individual participant’s activities. Video and still recording of the students’ negotiations will be used and discussed in plenum.

Credit
7,5 ECTS
Type of assessment
Oral examination, 20 minutes
Oral exam with preparation, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship
Exam period

Spring: Week 12, 2018

Summer course 2018: TBA

Re-exam

Spring: Week 31, 2018 - Monday, Tuesday, Wednesday

Summer course 2018: TBA

  • Category
  • Hours
  • Seminar
  • 28
  • Preparation
  • 178,25
  • Total
  • 206,25