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703 - Legal Negotiation and Settlement
Professor: Charles E. Wilson
Semester: 2011 Summer
Second Writing Requirement? Yes
Professional Responsibility? No
Prerequisites: 736.01 Legal Profession or professional responsibility recommended
Means of Assessment: Class participation, results of negotiation exercises, and short paper.
Readings, exercises, and class discussion will focus on theory, law, and practice of transactional and dispute-resolution negotiations. Topics will include application of negotiation theory to practice, ethical responsibilities of the lawyer-negotiator, distributive versus integrative bargaining, adversarial versus problem-solving bargaining, pareto optimality, relationship of bargaining concepts to democratic theory, and the comparison between two-party and multi-party negotiations. Negotiation exercises will provide practice in a variety of legal contexts including lawsuit settlement, labor relations, contracts, and purchase transactions. Some negotiation will occur OUTSIDE the scheduled class time. The focus will be the universal aspects of the negotiation process so that the student will become a better negotiator regardless of career path selected. The theme this summer will be the ethical responsibilities and dilemmas confronting the lawyer-negotiator. The final paper will be a crucial component of the course.
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