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Course Application

International Legal and Business Negotiations

19:00-22:00 Tuesdays and Fridays, Jan 21-Feb 25, 2020

Taught by Prof. Lissniak
Call for more information 495-649-2273

Objectives: This course provides thorough and professional practice in business and legal oriented negotiations. It teaches the theory of negotiation and the skills necessary to become an effective negotiator, learned in part through active exercises and simulations. The course introduces you to negotiation tactics and strategy. It teaches how to prepare, how to identify acceptable negotiated solutions and best alternatives, and how to deal with difficult negotiators. Much of the emphasis is on international and cross-cultural negotiations.This course is useful for lawyers and managers involved in negotiations on a daily basis, and recent graduates planning their careers in business.
The major course goals are:

  • Provide a framework to help students understand a wide range of negotiations in cross-cultural context;
  • Build the strategic and tactical skills to negotiate more effectively in cross-cultural context.
  • Develop the emotional intelligence competencies to enlarge a skilful negotiator's toolbox.

Prerequisites: Good understanding of spoken and written English is strongly advisable. This course is open to LLM, MIB and MBA students and taught to the standards of the serious law and business schools.

Course Length: (24 clock in-class hours). Appropriate home reading, writing, and preparation time is needed.

Methodology: Classes are comprised of up to 30 minutes of theoretical introduction, then practicing negotiation skills through problems, business games, and analysis of their solutions. Home reading and preparation is needed. The focus of the course is to give students opportunities to practice and refine their skills in a wide range of real life situations (sales, rental agreements, trade union conflicts, investment transactions etc.). During each exercise, the professor mixes and matches students with partners and counterparts, to allow students to practice negotiating with different personality types.
It is a practical skills course and its effectiveness pretty much depends on your home reading and class participation. Hence--the importance of MANDATORY ATTENDANCE. 25% and more absence in class end up in flanking.
Homework in writing given in every class may be delivered in any reasonable form. E-mail is preferred.

Grading criteria are standard for Socratic Method of learning: quality of class participation, smart questions and precise and persuasive answers, knowledge of the theory, application of this knowledge to concrete situations in every class, ingenuity, quality of written homework and deadlines, reports on mock negotiations and your progress in haggling tests, negotiation scenarios, and exercises.
In class students participate in discussions, play roles in mock negotiations, hone their persuasion skills in class with the schoolmates, and watch the video clips, do diagnostics tests.
Time management is crucial. Latecomers are unwelcome. No final exam. Weekly class and homework evaluation represents the current control of the academic success. Grades are non-negotiable.After the course you will be given quick and personal negotiating profile deriving from respective tests, performance in and out of class, and observations.
This course is neither lecturing, nor individual, let alone on-line. Preventing numerous questions some students in the previous years asked me when they faced attendance problems (and not when they read the syllabus in the beginning) I have to explain details.
What students are supposed to do in the skills class is interactive communication, not passive listening to the professor pontificating with rare questions and answers from the audience
Soft skills qualities could be measured mostly in class active participation. The regular analytical home assignments are not a kind of dispersed, distributed-in-time exam. It is only small part of the number of skills developed in soft skills class. Therefore whoever is not complying with this attendance rule has no right to ask me for an additional home work. Your soft skills could not be measured by the instructor on your sofa at home.Therefore Russian ܻ (maybe, perhaps) does not work here.
Also early warning on your absence is not permission, it is only politeness and respect of a decent person deprived of consumerism.

Texts: Materials in MOODLE are taken from a variety of sources (Russian, French, Dutch, and American). A bibliography list will be given. However, the main sources will be:
1. Roger Fisher, William Uri with Bruce Patton, GETTING TO YES, Penguin Books, 1981, ISBN 01401.5735 2 (186 p.)

2. William Uri, GETTING PAST NO, Negotiating Your Way From Confrontation to Cooperation, Bantam Books, 1991, ISBN 0-553-37151-2 (171 p.)


Tue and Fri

Topics to Cover in Home Reading

Jan 21

Fundamental Types of Negotiations. Strategies (Cooperation vs. Competition, and Various Intermediate Approaches). Performative, Transformative, Integrative, and Distributive Principles. Defining and Quantifying your Interests and Objectives, Goals and Limits Both Yours and of Other Parties to the Transaction. What is Needed to Prepare? Checklist for Information Gathering. Working Sheet for Preparation. Interests, Alternatives, Options, Objective Criteria. Zone of Possible Agreement. Basic Factors Affecting Outcome.
Identifying Various Negotiated Solutions. Identifying Your BATNA and Reservation Point.

Jan 28

Public Speaking and Persuasion skills. Persuasion Rules.Disputing Technique. Presenting Information. Information Qualities. Using Visual Aid. Anchoring. Building Argument. Using Rhetorical Questions. Emphasizing and Highlighting Key Points. How to Control the Direction of the Discussion. How to Interrupt and Hold the Floor. Negotiating Games/Techniques.

Feb 4

Perception of the Opponent. Art of Listening to Hear. Skills of a Good Listener. Elements of the Listening Skills. Verbal and Non-Verbal Communication. Types of Signals.Types of Lying.Preparing to Negotiate (Establishing Limits and Goals). The Preliminary Stage (Establishing Negotiator Identities and Tone of Interaction). The Information Stage (Value Creation).

Feb 7

Questioning and Answering Skills. Questions typology. Using What if questions. Important Factors in Negotiations: Time, Place, Authority, Participants etc. The Competitive/Distributive Stage (Value Claiming).
Psychological Entrapment. Tension Between Principals and Agents. The Pros and Cons of Using an Agent. Tacit and Overt Advising. Expectations.

Feb 11

Tension Between Empathy and Assertiveness. The Ability to Cope (and Exploit) an Unleveled Playing Field.The Ability to Ferret Out (and Protect) Vital Facts.
The Ability to Be Believable and to Spot the Bluff (Credibility). The Ability to Strike the Right Balance Between Vying and Compromise (Judgment). Post Negotiation Assessment.

Feb 18

International Negotiations. Negotiation Ethics. Multilateral Negotiations. Coalitions. Devising a Constructive Concession Pattern. Control of Emotions of Both Sides. Pause Knob (Withdrawal to the Balcony). Communication Freezers. Mechanisms for Dealing with Difficult Issues, and for Dealing with Difficult Negotiators. Types of Threats and How to Counter Them. Separating Factual Differences/Disagreements from Emotional. Playing several games at the same time. Combining Negotiations and litigation. Russian realities of negotiating procedure.
What Are You in Negotiations? Classification of Negotiator Types. Ideal Negotiator: a Set of Qualities. Basic Needs Hierarchy. Power and Resources. Personal Power. What is it? Types? How does it work. Understanding the Limits of Your Negotiating Authority.

Feb 21

Closing of the Deal. The Closing Stage (Value Solidifying). The Cooperative/Integrative Stage (Value Maximizing).Issues to Consider in Drafting Definitive Documentation.Importance of Due Diligence. Considerations in Requesting and Giving Representations and Warranties.
Tactical Elements to Negotiation Strategy, as well as Common Pitfalls and Hurdles Facing Negotiators. Negotiations Linkage. Who Are Conducting Bi-Cultural Negotiations. The Impact of Ethnicity and Gender.

Feb 25

Considerations in Requesting and Giving Representations and Warranties.
Tactical Elements to Negotiation Strategy, as well as Common Pitfalls and Hurdles Facing Negotiators. Negotiations Linkage. Who Are Conducting Bi-Cultural Negotiations. The Impact of Ethnicity and Gender. Questions to Review.