Lawyers and businesspeople negotiate constantly: to do deals, to make purchases or sales, to resolve problems on behalf of clients, etc. This course is a survey of negotiation and dispute resolution, and encompasses negotiation, mediation, collaborative law, and arbitration. The course will be taught online using Zoom, though the skills taught in the course are easily transferable to in-person dispute resolution. Some class time will consist of lecture, discussing the reading, and watching instructional videos. Most class time will be spent on group simulations. These simulations are drawn from a wide variety of business and legal contexts, but the skills are transferable regardless of context. The simulations which will include: 

• A short arbitration/mediation exercise 
• Client interview problems 
• Negotiation problems 
• Mediation problems 
• Arbitration problems

At the end of this course, you should be able to: 

1. demonstrate oral communication skills of a lawyer in negotiation and mediation; 
2. implement the principles of ADR to solve client problems in oral and written communication; 
3. apply the lawyering skills of fact investigation and development to client problems; 
4. use active-listening skills when interviewing prospective clients and witnesses, and when participating in dispute resolution processes; 
5. produce effective legal documents written for negotiation and mediation; 
6. recognize ethical dilemmas commonly arising in ADR; 
7. self-evaluate and reflect on lawyering skills in interviewing, negotiating, and mediating; 
8. understand the core principles and processes of arbitration, mediation, and negotiation; 
9. appreciate variations in dispute-resolution expectations and practices across different cultures; and
10. both participate in and run an online negotiation, mediation, and arbitration hearing.

The only required text for this class is John Burwell Garvey & Charles B. Craver, Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, and Arbitration (LexisNexis 2013, ISBN 978-0-7698-5119-8, any edition). I strongly recommend reading this book before classes begin because we will be using material from the entire book throughout the course. You might also, at your option, read Fisher & Ury’s Getting to Yes (any edition). Additional short essays also will be assigned to read.

You also will need to sign up for a Zoom Pro account. You should be reasonably proficient with Zoom before the first day of class. 
 

Email or text me any time you would like to set up a time to talk or videoconference.  

Attendance at all class sessions, all the time, is required. Because of the condensed class schedule, missing even one day will put you out of compliance with ABA requirements, muck up your grading assessments, significantly disadvantage your teammates on group projects, and require me to consult with the Dean about how to handle the situation. Absent a true emergency, please do not put me in this position.

ONU, Inc. 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

Your final grade will be based primarily on performance assessments from a series of simulations. These assessments will include the following “input” variables: effort, teamwork, ethical conduct, and effective judging. The assessments often also may include “output” skills-based scoring sheets. We will discuss all of this on the first day of class.

Everything below is approximate and will be adjusted to reflect simulations taking shorter or longer than anticipated.

Friday, June 3, 6-8:30 p.m.
Saturday, June 4, 9:30 a.m. – 2:30 p.m.
Sunday, June 5, 9:30 a.m. – 2:30 p.m.
Friday, June 10, 6-8:30 p.m.
Saturday, June 11, 9:30 a.m. – 2:30 p.m.
Sunday, June 12, 9:30 a.m. – 2:30 p.m.

Friday, June 3: Focus on Client Interviewing

• Class preparation:
  • Read Client Counseling Checklist.
  • Read “What Great Listeners Actually Do” in Harvard Business Review.
  • Watch Client counseling 2016 (:44-2:15).
• Lecture/discussion:
  • Intro to ADR
  • Client interviewing
• Simulations:
  • Client interviewing exercises (2)

Saturday, June 4: Focus on Negotiation

• Class preparation:
  • Read “How to Negotiate – Virtually” in Harvard Business Review.
  • Watch 2022 ABA Negotiation Competition Final Round (beginning through 55:15).
• Video:
  • Ethics & Lying in Negotiations (15:00)
  • Negotiating a Corporate Spin-Off (“Independent Immunities”, beginning through 55:00).

• Simulations: 
  • Client interview exercise (1)
  • Negotiation (2)

Sunday, June 5: Focus on Negotiation and Mediation

• Class preparation:
  • Read “Getting to Si, Ja, Oui, Hai, and Da” in Harvard Business Review.
• Video:
  • Mediating an International Dispute (1:17)
• Simulations:
  • Negotiation Exercise (2)
  • Expense reimbursement exercise 
• Class discussion: Negotiating and mediating across cultures. Guest discussant: Mylene Chan (12:30-3:00).

Friday, June 10: Focus on Mediation

• Mediation exercises (2)

Saturday, June 11: Focus on Mediation

• Mediation exercises (3-4)

Sunday, June 12: Focus on Arbitration

• Video:
  • Baseball arbitration (:08)
  • Drafting international commercial arbitration clauses (:03)
  • 20-minute arbitration videos – students vote.
• Simulations:
  • Arena problem as arbitration.  Do more of these – everyone should get a shot to be an arbitrator. Perhaps do in conj w a mediated case – use same facts for both?
• Wrap-up: what worked & what didn’t?