JJUA55202U Legal Negotiation 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 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.
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
- 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
Mediation in a Legal Context (7.5 ECTS) and Konfliktmægling (mediation) 15 ECTS.
Please note that Legal Negotiation in Theory and Practice is mutually exclusive with Negotiation and Dispute Resolution in Theory and Practice.
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.
- 7,5 ECTS
- Type of assessment
- Oral examination, 20 minutesOral exam with preparation, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period