2019 Lawrence Lecture and Negotiation Competition
2019 Lawrence Lecturer Lainey Feingold presents Forget the Shark and be a Dolphin: Advancing client rights and interests with collaborative negotiating tools
September 10 @ 12:10, Moritz College of Law room 348 – Registration is now available.
This year’s event is co-sponsored by the Center for Interdisciplinary Law and Policy Studies.
For twenty five years, Lainey Feingold and her clients and co-counsel have used the collaborative process called Structured Negotiation to protect and advance the civil rights of disabled people in the digital age. Structured Negotiation is a client-centered negotiation strategy that relies on real communication, relationship-building, and problem-solving. The process has resulted in legally binding settlement agreements — all without a lawsuit on file — with some of the largest organizations in the United States, including Bank of America, Walgreens, American Express, Houston’s transportation agency, and the American Cancer Society. At the intersection of technology and disability rights, these agreements have addressed accessible websites and mobile apps, talking ATMs, talking prescription labels, accessible pedestrian signals, and other technologies.
In this year’s Lawrence Lecture on Dispute Resolution, Lainey will share the tools and strategies that have made Structured Negotiation a successful means of advancing disability rights for more than two decades. How can lawyers help their clients (and themselves!) maintain a collaborative mindset during difficult negotiations? What is the difference between an aggressive demand letter and a welcoming invitation to negotiate? Why are patience, equanimity, and trust valuable negotiating traits, and how can lawyers cultivate those qualities? How can parties share information without oppressive (and expensive) discovery rules guiding the way? Is it possible to bring expertise into a negotiation without the battle of the experts? What is the role of a mediator in a Structured Negotiation?
Lainey will share stories from her cases as we explore the answers to these questions and more. Being a lawyer does not have to mean being a shark. Come learn how to be a dolphin instead!
2019 Schedule of Events
- September 10@ 12:10 in Room 348 – Lawrence Lecture with Lainey Feingold – Register here.
- This venue is wheels-accessible. If you need captioning, sign language interpretation or any other access services, please contact Bill Froehlich prior to September 3, 2019, at firstname.lastname@example.org. Attendees are asked not to wear fragranced products.
- September 9 @ 4 pm – Workshop in partnership with the Disability Studies Program. Register Here.
- September 23 to 26 – Lawrence Negotiation Competition – Moritz students can register on TWEN
- September 16 – Lawrence Negotiation Competition Crash Course – Moritz students can register on TWEN
Every fall, Moritz students compete in the intramural Lawrence Negotiation Competition, named for James K.L. Lawrence (’65). The winners and runners-up in this week-long competition move on to Regional and National Negotiations Competitions, which the American Bar Association conducts.
During the competition, teams of two law students working as advocates for a fictitious client negotiate against one another. They are judged on their ability to work together, establish rapport with the opposing team, and maximize the interests of their client. Every team competes in the first two rounds, after which the competition becomes single elimination.
Working with the Moot Court and Lawyering Skills Program, the Program on Dispute Resolution enriches the competitors’ experience in two ways. First, the Program hosts a speaker with a distinguished career as a negotiator. Second, the Program conducts a negotiation workshop for students who have no prior experience in negotiating to introduce them to effective negotiation skills and strategies and to prepare them for the competition.
These events, together with the competition itself, create an engaging and stimulating learning experience for all participants.
Any Moritz student may participate in any aspect of the week-long event; those students pursuing the Certificate in Dispute Resolution may earn Externship hours through their participation.
About Lainey Feingold
Lainey Feingold was a union-side labor lawyer and a traditional civil rights lawyer until she got fired from a job 10 years after graduating Hastings Law School in 1981. Lucky for her, she fell into disability rights law and since 1992 has been a disability rights lawyer focusing on digital accessibility. Along with co-counsel and her blind clients, she developed and practices Structured Negotiation, a collaborative dispute resolution process focused on true problem-solving and relationship building. Using the method, she has negotiated close to 100 agreements about inclusive technology with organizations including Major League Baseball, the City and County of San Francisco, the American Cancer Society, CVS, and Bank of America. Lainey was on the team that negotiated the first website accessibility agreement in the United States, in 2000 with Bank of America.
Lainey is also an international speaker and trainer, and the author of Structured Negotiation, A Winning Alternative to Lawsuits, published by the American Bar Association in 2016. In 2017 she was named a Legal Rebel by the ABA Journal and was the individual recipient of the ABA Dispute Resolution Section’s John W. Cooley Lawyer as Problem Solver award. Lainey received a California Lawyer Attorney of the Year (CLAY) award in 2000 and 2014 for her digital accessibility and Structured Negotiation legal work.
About James K. L. Lawrence ’65
James K. L. Lawrence (’65) is a retired partner with Frost Brown Todd in Cincinnati. Following graduation from law school, he worked as an attorney at the National Labor Relations Board. He left the Board to join his firm and, for more than 30 years, practiced labor-relations and employment law. He is a skilled advocate in arbitration and an astute negotiator in collective bargaining and settlement discussions.
He has pursued vigorously the sustained study of dispute resolution materials at programs throughout the country, including the Program on Negotiation at Harvard, and has blended that study and practice into teaching courses in negotiation and mediation at Moritz and at the University of Cincinnati Law School.
He has given generously of his time, talent, guidance and resources to Moritz and our Program on Dispute Resolution over the years, so it is perfectly fitting that this expanded educational enterprise with Negotiation at its core be conducted in his name.