J.D. Seminar 317
| 3 credit hours
According to the American Bar Association’s Vanishing Trial Project, 98.2% of civil cases filed in federal courts are resolved without recourse to jury verdict. Anecdotal accounts suggest a comparable statistic for the state courts. Similarly, the U.S. Sentencing Commission reports that 97.1% of criminal cases are resolved through the plea bargaining process. The empirical data underscores the importance of learning to negotiate within the context of litigation and its principal discovery devices.
This course will begin with a consideration of leading scholarship. Is settlement the most appropriate means of conflict management? Are there instances in which negotiated compromise vitiates the litigants’ true interests? Do broad public policy implications and precedential value trump the expedience of individual resolution?
Set within the framework of Principled Negotiation, seminar participants will engage in role plays created by the American Bar Association and the Harvard Program on Negotiation. Students will hone their ability to meet the varied interests of stakeholders without acquiescing to positional demands. Participants will receive peer commentary through the use of a 360-degree feedback model.
Drawing upon his experience as a commercial litigator and white-collar criminal defense attorney, the instructor will present case studies to elucidate salient aspects of the process.
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 Mediation Seminar offered in the Summer 2016 session; or the Negotiations and Mediation Seminar; or Negotiations and Drafting Seminar.
In Summer 2016, this seminar meets from 9:00 a.m. to 4:30 p.m. on the following days: June 17, 18, 19, 24, 25, and 26.
ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.
Full attendance and participation is required at all six sessions.
This course will be enrolled via waitlist.
A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.
Students in this course will be charged a course materials fee to cover commercial materials that the Law Center purchases at the faculty’s request on behalf of enrolled students. This additional fee will be placed directly on a student’s account on June 22, 2016. Students who drop the course will not be charged, but students who are approved to withdraw from the course after add/drop will not be refunded.
||Room / Days / From-To
(CRN #: 13372)
||White, David M.