Negotiation Skills (GED10081)

General information

Type:	OP	Curs:	4	Period:	S semester
ECTS Credits:	5 ECTS

Teaching Staff:

Group	Teacher	Department	Language
	Steven Guest	Dirección de Personas y Organización	ENG

Willingness to work at and improve your negotiations skills and your ability to represent clients.

None

Lectures 40%
Work directed by the professor 30%
Out of class work 30%

The objectives of the course are:
Students will learn how to prepare for a legal negotiation, understanding the key issues in a dispute resolution role. They will be able to create value in negotiations and how to share this value out. They will be able to handle legal negotiations according to different approaches to negotiations and understand when it is best to take a litigation route and when one should settle a case outside court. They will be able defend themselves from aggressive behaviour. They will be able to think about the science of dispute resolutions and understand their role as agents in this settlement process. Another objective is to provide students with the skills handle their role as risk allocators in the contract drafting and negotiation process for their clients. They will be able to understand the role of their actions in terms of the legality of their actions when negotiating and from a moral and ethical stance.

All lawyers negotiate on a daily basis. In fact, it probably accounts for 90% of their time. Lawyers interact with peers, colleagues and clients to resolve problems and create deals. They use their legal knowledge as the basis to do this. However, it is their skill at negotiating that makes a good lawyer a great lawyer. This programme aims to build great lawyers. No lawyer can reach this objective unless they are accomplished negotiators.

13. Empathy

18. Influence

10. Adaptability, flexibility

9. Autonomy, independence, initiative, pro-activeness

8. Quality orientation and achievement

1. 1: Getting a feel for negotiations The first week is given over to the general mechanics of negotiation skills. Here we will act out cases which allow students to develop their understanding of the tactics of distributive negotiations. Students should leave knowing how to defend against competitive bargaining and understand the mechanics of how many legal negotiators approach conflict resolution problems. Read BW, "Introduction," pp. 1 - 8. Strategy and tactics of distributive bargaining. Lewicki. Negotiation Chap 3.

2. 2. How lawyers use the distributive mechanism Here we use to cases where the law enters into play in the negotiation process. We identify solutions to the cases and contemplate how asymmetric information situations make us lean towards risk taking. We look at the importance of a scientific approach to understanding possible negotiation outcomes Read. Read BW, ch. 1, pp. 9 - 43. Secrets of power negotiating. R Dawson in Lewicki Negotiation

3. 3. Developing a principled approach to negotiations Here we use the principled negotiation model to understand how lawyers can develop a win-win outcome. Students practise with the model. We examine the Thomas Kilman conflict modes and self-test students to find their current approach. Review BW, pp. 44 - 69. Read Strategy and tactics of Integrative Bargaining. Lewicki Negotiation

4. 4. Lawyers and their expertise to determine likely outcomes This part of the course examines how lawyers can use their legal expertise as a basis for determining the bargaining zone outside the litigation route to conflict management. We look at expected outcomes methodology in a variety of case situations Read BW, ch. 4, pp. 97 - 126. Read Three approaches to resolving conflicts. Lewicki Negotiation

5. 5. To compete or collaborate? The zealous defence of a clients¿ position is perhaps one of the key characteristics of lawyers. Here we examine the efficiencies of competition as opposed to collaboration. We explore the role of trust in relationships and see how to build trust through calculated steps. Read DC, chs. 5 - 6, pp. 83 - 128. Read. Consider both the relationships and the substance in negotiation: Lewicki Negotiation

6. 6. Communication and emotional intelligence One of the competencies required for good negotiations skills is communication. Here students experiment with communication techniques in a case situation. The skills learnt here dovetail into the ideas of competition/collaborative frames and we understand how to reduce the tension between asserting our position and understanding others¿ positions. The discussion is extended here to include the role of emotional intelligence in lawyers¿ armoury. Students carry out their first feedback sessions to understand how others perceive them. Read BW, ch. 2, 67 - 97. Read Perception Cognition and Communication. Lewicki Negotiation

7. 7. Behind the table negotiations Understanding clients is a core ability of good lawyers. This part of the course contracts the potential objectives of clients and lawyers and develops an understanding of the principal ¿ agent relationship and the potential pitfalls of cross-objectives. Lawyers need to be able to negotiate objectives before and during negotiations and as such behind the table conflict resolution is a key part of the role of representatives in legal settings. Read BW, chs. 7, pp.173 - 203.

8. 8. Creating value This is a key development in the students¿ ability to negotiation because they explore methodology that enables them to overcome the tension between creating and sharing value during a legal negotiation. Students find innovative solutions to legal negotiations during the course of simulation that help them to understand how to create value and how this can reduce competitive approaches that might destroy value. BW. Chap 5. Pp 127 - 156

9. 9. Contacts and negotiations Students learn the key technique of loggrolling across different issues in the negotiation of a contact. We see how contract terminology is used to enhance negotiation positions and how more cognitive issues can effect the outcomes of conflict resolution. We explore the psychological aspects of negotiators. Read BW, ch. 9, pp. 224

10. 10. The process of legal negociation Different phases occur in negotiations and it is important that lawyers see these for what they are. We explore a commercial negotiation and a litigation negotiation to follow these processes. Read BW, pp. 204 - 224.

11. 11. Loggrolling in practice Stduents carry out scored loggrolling silulations to understand how to create opportunities and share growth. Here we explore the role of score cards to help understand pareto efficency in negotiations. Assignment: Prepare to negotiate Powerscreen. Read BW, ch. 5, pp. 127 - 155.

12. 12. Case : Powerscreen This case is a multi issue case that requires students to develop the skills developed so far.

13. 13. Contingency contracts The use of contingency in contracts provides students with exception value creation opportunities as well as a way of risk allocation. Students understand when and how contingencies are used in contracts and deal making which is a key feature in lawyering. We also examine the risk of over lawyering and complete contracts. Read BW: Chap 10 pp 224

14. 14. Class actions and muti-party negotiations When more than two parties are involved in legal negotiations we can find complex relations between strong and weak stakeholders in the negotiation process. We develop methods to create fair results in multi-party conflicts. Read BW, ch. 12, pp. 295 ¿ 314

15. 15. Alternative Dispute Resolution The legal process offer one solution to resolving dispute, but it isn¿t necessarily the right one. One alternative is to negotiate a solution and yet the are others that can be just as efficient. The ADR literature is now highly developed and we explore different types of opportunities available. Read. 5 ways to keep disputes out of court. Allison J ADR. Why it works and why it doesn¿t. Vondra A.; Carver. T.

16. 16. Ethics and morality The last sessions are devoted to the role of ethics and morality in negotiations. Lawyers have a ontological and legal understanding of what they should do in negotiations. We explore what norms should given or guide what lawyers do in the course of negotiations. Feedback session and peers reviews. Read Jonathan R. Cohen, "When People are the Means: Negotiating With Respect," 14 Georgetown Journal of Legal Ethics 739-802 (2001). BW, ch. 11, 274 - 294. When is it legal to lie in negotiations. R Shell

17. 17. Flora¿s house Students carry out a four party dispute negotiation

This is a highly practical course with simulations every class. The debreifing sessions help to create take-aways and learning points.

ASSESSMENT BREAKDOWN

Bibliography
Max Bazeman and Margaret Neale Negotiating Rationally. Free Press 1992.
Cohen, H. You Can Negotiate Anything. New York: Bantam Books,1982.
Elkman, P. Telling Lies Norton 2002
Elkman, P. Emotions Revealed. Owl Books (2007)
Fisher, R. & Ury, W. Getting to Yes. New York: Penguin Books, 1991. (GTY)
Fisher, R. & Ertel, D. Getting Ready to Negotiate: The Getting to Yes Workbook. New York: Penguin Books,1995.
Fisher, R & Ury, W. Getting to Yes: Negotiating Agreement Without Giving in. New York: Penguin Books,1991.
Fitzgerald, C. & Kirby, L., Research and Applications in Psychological Type and Leadership Development. Palo Alto: Davies -Black Publishing,1997.
Fowler, A. Negotiation Skills and Strategies. London: Institute of Personnel Management, 1990.
Fowler, A. Effective Negotiation. London: Institute of Personnel Management,1986.
Raiffa, H. . The Art and Science of Negotiation. 2002. (Recommended)
Raiffa H, Lectures on Negotiation Analysis PON Books 2000
Hickson, J. &Pugh, D., Management Worldwide: The Impact of Societal Culture on Organizations around the Globe. New York: Penguin Books,1995.
Hofstede, G., Culture and Organizations: Software of the Mind. Intercultural Cooperation and its Importance for Survival. New York: McGraw ¿Hill,1997.
Kennedy, G. Benson, J. & McMillian, J. Managing Negotiations. London: Hutchinson Business, 1987.
Kennedy, G. Everything¿s Negotiable. London: Arrow Business Books, 1997.
Kennedy, G. The New Negotiating Edge. Nicholas Brealey, 1998.
Lewicki, R., Saunders, D. & Minton, J. Negotiation. New York: Irwin McGraw-Hill,1999. (recommended)
Lewicki S., Saunders, Minton & Barry. Negotiation: Readings, Excercises and Cases (McGraw 2010 6e) (L)
Menkel-Meadow, Love, Schneider, Sternlight. Dispute Resolution. Beyond the Adversarial Model. Aspen 2002 (recommended)
Moffit, M and Bordone, R. The Handbook of Dispute Resolution Jossey Bass, 2005
Mnookin et al ¿Beyond Winning. Negotiating to create value in deals and disputes¿ 2000 (obligatory) BW
Patton, Stone and Heen, Difficult Conversations: How to Discuss What Matters Most
Rangarajan, L. N. The Limitation of Conflict: A theory of Bargaining and Negotiation. London: Croom Helm, 1985.
Shell, G. Bargaining for Advantage: Negotiation Strategies for Reasonable People. New York: Penguin Books, 2000.
Stone, D. et al. Difficult Conversation. How to discuss what Matters Most. New York: Penguin Books, 2000. DC
Ury, W. Getting Past No: Negotiating Your Way From Confrontation To Cooperation. New York: Bantam Books,1993.
Negotiation Journal offers academic papers on issues dealt with in negotiation studies

Additional Bibliography
See the course webpage to update the suggested readings.

Group	Teacher	Department
	Steven Guest	Dirección de Personas y Organización