Conflict and dispute negotiation and resolution are major aspects of the practice of law. This course will examine principles and best practices of alternative dispute resolution both during, and prior to the institution of, a lawsuit. More specifically, the course will address, among other matters, counsel’s (a) identification of the client’s risks and interests in a given dispute; (b) communication with opposing counsel in non-mediation settlement discussions; (c) attention to and adoption of best practices in counsel and clients’ preparation for mediation; and (d) attention to, and consideration of, potential settlement tactics in the formulation of an overall litigation strategy. The course will offer special emphasis on mediation as a form of alternative dispute resolution. In that regard, the course will be particularly useful for students who plan to participate in mediations either as a mediator or as an advocate. 

This will be a two-hour credit course. The course meeting schedule will be four hours each day of two three-day periods, each such period being Friday, Saturday, and Sunday. Coursework will include (a) selected reading assignments from current writings regarding negotiation best practices, including Negotiation Genius (Halhotra and Bazerman) and Getting To Yes: Negotiating Agreement Without Giving In (Fisher and Ury); (b) in-class simulated negotiation/mediation exercises; and (c) a final paper analyzing the student’s opinions of current negotiation and mediation best practices, as addressed by the course reading assignments, the simulated exercises, and class discussions.

The class will be pass/fail. Class attendance and participation will be vital to students’ full understanding of course material. Attendance will be taken at each class. Grading will be based on class attendance, participation in class discussions, preparation for and participation in negotiation/mediation simulation exercises, and the final paper.