Legal Negotiation in Theory and Practice

The main objective of the course is to provide the participants with theoretical knowledge and practical training in different negotiation techniques including preparations ahead of meetings, the negotiation process, and the subsequent post-negotiation analysis. Emphasis will be placed on the understanding of the multiple factors that contribute to negotiation effectiveness, considerations regarding the tactical choices and strategic decisions available and the ability to devise viable agreements. Settlement of conflicts by court is often time as well as money consuming, and litigation might complicate ongoing relations between the parties. For these reason only a small part of conflicts whether between individuals, organizations, between individuals and organizations or the state, end up in court. Knowledge and skills in negotiation and legal negotiation is useful to all practicing lawyers and business people everywhere, as it is the most common way to reconcile differences.

A thorough pre-planning is a decisive qualification in reaching a satisfactory result as a negotiator. The pre-planning must deal with definition of the parties’ mandates, agenda setting, the possibility of coalitions, possible difficulties in keeping loyalty, the identification and framing of issues and interests involved, power resources, possible alternatives to an agreement (risk assessment), how to select negotiation strategies and tactics appropriate for negotiating various types of situations. Further, the lawyers’ role in legal negotiation in various fora, client representation, negotiation stages, on-line negotiation, multi-party negotiations as well as gender and reflections on one’s own strengths and weaknesses as a negotiator will be part of the course.

This course requires that the students are able to fluently read, understand and speak English. All course materials will be in English, role-plays and all class discussions will be conducted in English.

The course builds on basic knowledge of the legal system and concepts of law. Insight into contract law is beneficial but not required. For students interested in combining this negotiation course with a course in mediation, the insights into negotiation theory as well as the de facto negotiation skills obtained through this course are beneficial. Likewise, knowledge of mediation is beneficial to this course.