Course name/number: 22497 Negotiation Workshop

• Prerequisites: Successful completion of L1.
• Credit hours: 3
• General education tags: None

Description:  Lawyers and businesspeople negotiate constantly: to do deals, to make purchases or sales, to resolve problems on behalf of clients, etc. This experiential, skills-based course will engage students in negotiating a wide variety of legal, business, and family problems in a wide variety of contexts.

Name: Rick Bales

Contact information: mobile 859-442-8837; r-bales@onu.edu

Office hours: Before or after class I’m fair game; come by any time and I’ll see you if I am not already tied up; email me if you’d like a more formal appointment.

• Required: Carrie Menkel-Meadow, Negotiation: A Very Short Introduction (Oxford, 2022, ISBN 978-0-19-885140-0, Library of Congress Control No. 2022933345). I strongly recommend skimming this book before or during the first week of class, then returning to it as-needed throughout the semester.
• Other short articles, mostly from Harvard Business Review, will be assigned throughout the semester.

At the end of this course, students should be comfortable negotiating a wide variety of problems in a wide variety of settings using a wide variety of skills and techniques. Students should understand 

• why we negotiate; 
• frameworks for negotiating: winning versus problem-solving; 
• contexts in negotiation;
• behavioral choices in negotiation; 
• challenges to reaching negotiated agreements; 
• complex multi-party multi-issue negotiations; 
• ethical and legal issues in negotiation; 
• negotiating legally enforceable agreements; 
• best practices in online negotiations; and 
• how to run an online negotiation or mediation.

The final grade will be calculated:

• 80% participation in in-class negotiation exercises. Students will be rewarded for preparation, enthusiasm, engagement, and risk-taking.
• 20% 2-page reflection paper.
• If you are interested in doing a research paper for this course, please let me know. You may be able to get additional course credit for it.

Attending all class sessions, all the time, is required. Because of the condensed class schedule, missing more than one day will put you out of compliance with ABA requirements and require me to consult with the Dean about how to handle the situation. Missing even one day will muck up your grading assessments, make it difficult for me to break students up into evenly divided groups, and disadvantage your teammates on group projects. Absent a true emergency, please attend every class.

ONU is dedicated to providing an equitable educational experience for all enrolled students. Universal course policies applicable to all courses can be found at the following link: https://my.onu.edu/registrars_office/policies. This website includes:

• Academic Dishonesty Policy
• Academic Accommodations Policy
• Health and Safety Policy
• Title IX Policy
• Diversity, Equity, and Inclusion Statement

Using electronic devices in the classroom is fine so long as you are respectful of other students (no shopping, cute puppy videos, porn, etc.).

The 2023 Arbitrator and Advocate Symposium will be on October 26-27 in Columbus. This conference focuses more on arbitration than negotiation, though negotiation issues are also important. It is sponsored by the Federal Mediation and Conciliation Service, National Academy of Arbitrators and the Labor and Employment Relations Association. I will attend. Scholarships to cover tuition for the Symposium are available to law students interested in the field of Labor Relations. I will send you more information on these scholarships as soon as I receive them.

I will add information about additional events as I receive it.

August 29: Focus on Active Listening and Storytelling

• Class preparation:
  • Read “What Great Listeners Actually Do” in Harvard Business Review.
  • Read “Telling A Story”.
  • Come to class prepared to tell a short personal story of some sort. 
  •  
• In class:
  • Course overview
  • Discuss trading exercise
  • Active listening exercises
  • Watch Client counseling 2016 (:44-2:15).

September 5: Client Interviewing and Active Listening

• Class preparation:
  • Read Client Counseling Checklist.
• In class:
  • Client interviewing exercises (2-3)

September 12: Negotiation Basics

• Class preparation:
  • Review: Negotiation: A Very Short Introduction
• In class:
  • Watch and discuss excerpts from 2022 ABA Negotiation Competition Final Round (beginning through 55:15).
  • Negotiate a divorce.

September 19: Focus on Ethics

• Class preparation:
  • Review: Negotiation: A Very Short Introduction, chapter 7.
• In class:
  • Watch Ethics & Lying in Negotiations (15:00)
• Negotiate divorce #2
• Negotiate an exit interview

September 26: Focus on International and Cross-Cultural Negotiations

• This class may move to a different date.
• Class preparation:
  • Read “Getting to Si, Ja, Oui, Hai, and Da” in Harvard Business Review.
• In class:
  • Possible discussion with guest speaker Mylene Chan, Hong Kong Mediation Center.
  • Watch and discuss excerpts from Mediating an International Dispute (1:17).
  • Canada-China Panda Acquisition negotiation

October 3: Focus on Real Estate

• In class:
  • 67 Fish Pond Lane
  • Bullard Houses

October 10: fall break

October 17: Focus on Health Care

• In class:
  • Blueville Health Foundation

October 24: Focus on Business

• In class:
  • MedLee: Negotiating a joint venture
  • Offshore wind farm negotiation

October 31: Focus on Investment & Finance

• In class (timing will be tight):
  • Flagship Airways
  • Aerospace Investment

November 7: Focus on Criminal Matters

• In class:
  • U.S. v. Dunlop

November 14: Facilitated Negotiation

• In class:
  • Development Dispute at Menehune Bay

November 21

• In class:
  • Development Dispute at Menehune Bay