esade

Negotiation Skills (2235.YR.007131.2)

General information

Type:

OPT

Curs:

1

Period:

S semester

ECTS Credits:

5 ECTS

Teaching Staff:

Group Teacher Department Language
Year 1 Steven Guest Dirección de Personas y Organización ENG

Prerequisites

Curiosity for deal-making and negotiation and a desire to improve your business competences

Previous Knowledge

None

Workload distribution

30 hours coursework
70 hours outside reading, preparation, writing papers and assignments

COURSE CONTRIBUTION TO PROGRAM

Legal Negotiation Skills

This course is designed to help students manage and develop their negotiation skills in legal and commercial scenarios. Law as a subject has contributed most to the science of negotiation. There is a good reason for this: lawyers are negotiating constantly because negotiation is a tool to resolve conflict. Lawyers negotiate to resolve legal disputes for their clients and they are also heavily involved in the drawing up the terms of a contract in deal making. These terms and conditions need to be negotiated. So learning to negotiate is central to anyone that wants to work as a lawyer or business, but note that we also negotiate life!. Just imagine these situations. Wouldn't it be great to have a toolkit to resolve them? There is no point learning law unless we can also negotiate on behalf of our clients and represent them. So lawyers need to negotiate in legal disputes and also represent their clients in deal making scenarios and these two areas are covered throughout the course.

Course Learning Objectives

The student learning outcomes include:

Understand the nature of legal negotiation and have tool kits to effectively negotiate in each circumstance
Apply strategies and tactics to capture value and create value in legal and commercial negotiations
Identify psychological biases in negotiation.
Practice influence techniques
Develop strategies for resolving legal disputes when representing clients
Develop strategies for deal making when representing clients
Understand the role of culture in negotiation
Implement strategies for coalition and multi-party negotiation
Use and design auctions and tenders
Learn how to use emotional intelligence to improve negotiation outcomes
Mediation and other tools to resolve conflict




CONTENT

1. Negotiating legal disputes and tough commercial bargaining

Tool kits for lawyers to get better deals for clients

2. An analytical approach to legal negotiation

The science of distributive negotiation

3. Creating value in negotiation

Tool kits for integrative negotiation

4. Psychological biases in negotiation

Assumptions that can derail negotiation strategy and biases of the heart and mind

5. Influence and persuasion techniques

How to influence others at the bargaining table

6. Cross-cultural negotiation

Role of culture in negotiation and factors to take into consideration in international deal-making

7. Developing emotional intelligence to negotiate effectively

Identifying emotional intelligence and its role in developing approaches to disputes

8. Conflict management and the role of mediation in disputes

Alternative dispute resolution techniques

9. Multi-party negotiations

Coalition analysis and strategies

10. E-negotiations and teams

Use and abuse of electronic negotiation

11. Auction theory and tendering

Other processes to assign scare resources (selling assets in private banking)

Methodology

This course is designed to actively involve participants fully in the learning process: You will engage in a wide array of negotiation simulations and other skill-building exercises, receive feedback on your strategies and performance, debate alternative approaches, and work with classmates to discover new insights. We will use role plays, cases and simulations to develop our learning.


A major objective of this seminar is to give students more self-confidence with respect to their negotiation skills. This workshop helps students develop an analytical understanding of negotiations and the management of conflicts so they can become more effective problem solvers.

Assessment criteria

There is no exam in this course. The final grade will include the following components:
- Negotiation Participation and Group Challenges during the course 30%
- Preparation Memos for the simulations that are handed in previous to the negotiations- 30%
- Individual final paper and learning journal - 40%
-

Students can only be assessed if they attend the established minimum number of classes, including lectures and participatory sessions. As a percentage, the minimum is 80% for students. If students do not meet this condition, their mark will be recorded as "NP". These percentages, however, do not include justified absences. Re-sits that have not achieved 80% attendence can only achieve a pass in this subject at the lowest level 5/10. Students that have achieved 80% attendence but failed to achieve 50% on 1 of the 3 evaluation criteria will have a cap of 8/10 in the final resit mark according to the work set by the professor in the resit

Bibliography

Bazerman, Max H., and Margaret A. Neale. Negotiating rationally. New York Toronto New York: Free Press 1992. Print.
Ekman, Paul. Telling lies : clues to deceit in the marketplace, politics, and marriage. New York: W.W. Norton, 2001. Print.
Fisher, Roger, and Daniel Shapiro. Building agreements : using emotions as you negotiate. London: Random House Business, 2007. Print.
Fisher, Roger, William Ury, and Bruce Patton. Getting to yes : negotiating an agreement without giving in. London: Random House Business Books, 1999. Print.
Kennedy, Gavin. Everything is negotiable! : how to get the best deal every time. London: Arrow Books, 1997. Print.
Lax, David A., and James K. Sebenius. 3-D negotiation : powerful tools to change the game in your most important deals. Boston, Mass: Harvard Business School Press, 2006. Print.
Lewicki, Roy J. Negotiation : readings, exercises, and cases. Boston: McGraw-Hill/Irwin, 2003. Print.
Lewicki, Roy J. Negotiation. Boston: McGraw-Hill/Irwin, 2003. Print.
Malhotra, Deepak, and Max H. Bazerman. Negotiation genius : how to overcome obstacles and achieve brilliant results at the bargaining table and beyond. New York, N.Y: Bantam Dell, 2008. Print.
Mnookin, Robert H. Bargaining with the devil : when to negotiate, when to fight. New York: Simon & Schuster, 2010. Print.
Mnookin, Robert H., Peppet, Scott R., and Tulumello, Andrew S. Beyond Winning: Negotiating to Create Value in Deals and Disputes. Cambridge, Mass. The Belknap Press of Harvard University Press 2000. Recommended
Raiffa, Howard, John Richardson, and David Metcalfe. Negotiation analysis : the science and art of collaborative decision making. Cambridge, Mass. London: Belknap, 2007. Print. Recommended
Raiffa, Howard. The art and science of negotiation. Cambridge, Mass: Belknap Press of Harvard University Press, 1982. Print.
Shell, G R. Bargaining for advantage : negotiation strategies for reasonable people. New York: Penguin Books, 2000. Print.
Stone, Douglas, Bruce Patton, and Sheila Heen. Difficult conversations : how to discuss what matters most. New York, N.Y: Penguin Books, 2000. Print.
Subramanian, Guhan. Negotiauctions : new dealmaking strategies for a competitive marketplace. New York: W.W. Norton & Co, 2010. Print.
Thompson, Leigh L. The mind and heart of the negotiator. Upper Saddle River, N.J: Pearson/Prentice Hall, 2005. Print.
Ury, William. The power of a positive No : how to say No and still get to Yes. London: Hodder Mobius, 2007. Print.
Voss, Chris. Never Split the Difference: Negotiating As If Your Life Depended On It. (2017)

Timetable and sections

Group Teacher Department
Year 1 Steven Guest Dirección de Personas y Organización

Timetable Year 1

From 2024/2/16 to 2024/5/17:
Each Friday from 9:00 to 12:00. (Except: 2024/3/29)