Curriculum Guide · Courses

Professors Eric Berger and Lukasz Rozdeiczer

J.D. Seminar 317 (cross-listed) | 3 credit hours

All lawyers, irrespective of their specialty, must negotiate. This intensive, interactive seminar will explore the theoretical and practical aspects of negotiating and mediating transactions and disputes in our legal system. The goal is to improve students’ understanding of negotiation and mediation as well as their ability to negotiate effectively. Students will learn to negotiate by studying the negotiation theory, concepts and principles, and by participating in simulations and exercises from a variety of practice areas. The simulations are designed to familiarize students with the negotiating and mediation processes, sensitize them to their own negotiating behaviors, teach them how to use a mediator in aid of their negotiations, and raise a number of ethical and practical questions. Through in-class negotiation and mediation exercises, students will develop and sharpen skills in the areas of listening, asking questions, creative thinking, and persuasive communication. Through in-class negotiation exercises, students will develop and sharpen skills in the areas of listening, asking questions, creative thinking, and persuasive communication. Class lectures and discussions will focus on such topics as the difference between competitive and integrative bargaining, the psychological and ethical dimensions of negotiations, and the importance of context in choosing negotiation strategies. Students will be videotaped while conducting at least one of their negotiations, followed by instructor evaluation and feedback. Grades are based on the quality of student participation, several short “think pieces” and journal entries based on in-class experience, readings and lectures, and a final 10-15 page paper. The Workshop is intensive (9:00 a.m. - 4:30 p.m. for six sessions spread over two weekends). Full attendance and participation is required at all six sessions.

Prerequisite: Completion of all first year courses except Property and Criminal Justice (or the equivalent Democracy and Coercion), or Criminal Procedure is required.

Students may not receive credit for both this seminar and the Negotiations Seminar or the Negotiations and Drafting Seminar. Students may take both this course and the Mediation Seminar.

In Spring 2014, this seminar will meet for 6 days of intensive sessions on the following dates: 1/31, 2/1, 2/2, 3/21, 3/22, and 3/23.

If you are planning to take the MPRE in Spring 2014 it may conflict with this course because the MPRE will be offered on a Saturday in March. The date should be released by the National Conference of Bar Examiners in October and will be available at http://www.ncbex.org/multistate-tests/mpre/mpre-test-dates-and-application-deadlines/.

Students must attend each class session in its entirety in order to receive credit for the seminar. All enrolled and waitlisted students must attend the first class session in order to be enrolled.