Objectives: To introduce a student to one of the most important skills in business and law. This course provides thorough and professional practice in business oriented negotiations. It teaches the theory of negotiation and the skills necessary to become an effective negotiator, first of all analytical, learned through active exercises and simulations. The course introduces you to negotiation strategy and tactics. 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, and often students from several different countries participate in the course. Emphasis is also on the role of the lawyer as a negotiator, and the lawyer/client relationship in the negotiations process. Prerequisites:
1) Good understanding of spoken and written English is strongly advisable since the language of instruction is English, and the great bulk of the course materials are in this language of international negotiations.
2) Compliance with attendance requirements. This is a practical skills courseand its effectiveness pretty much depends on your home readingand class participation. Hence--the importance of MANDATORY ATTENDANCE. You cannot learn swimming unless you plunge into the water. You will hone your skills in class and not at home. On your sofa you will read the theory and absorb some knowledge. In the class you will be listening, thinking, creating and doing. Course Length: 30 in-class hours. Appropriate home reading and preparation time. (This course is considered as two unit class for the LL.M. program.) Methodology: The course is based on discussion and participation. Classes are comprised of 15-20 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 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, out of/in court settlements etc.). During each exercise, the professor mixes and matches students with partners to allow students to practice negotiating with different personality types. Performance assessment is offered after each case negotiation. Texts: Materials are taken from a variety of sources (Russian, French, Japanese, Pakistani, and American). However, the main sources will be: Mnookin, Peppet and Tulumello , Beyond Winning, The Belknap Press of Harvard University Press; Roger Fisher and William Ury, Getting Past No, Penguin Books
GENERAL COURSE OUTLINE
Topics to Cover
Deal-Making and Deal-Breaking. Strategies. Defining and Quantifying your Interests and Objectives. Defining Goals and Limits. Checklist for Information Gathering. Working Sheet for Preparation. Basic Factors Affecting Negotiation. “BATNA”.
What Are You in Negotiations? Classification of Negotiator Types. Understanding the Limits of Your Negotiating Authority. Defining and Quantifying the Likely Interests and Objectives of Other Parties to the Negotiations.
Perception of the Opponent. Art of Listening to Hear. Skills of a Good Listener. Verbal and Non-Verbal Communication. The Preliminary Stage (Establishing Negotiator Identities and Tone of Interaction). The Information Stage (Value Creation).
Questioning and Answering Skills. Other Factors in Negotiations: Time, Place, Market Situation, Information available etc. The Competitive/Distributive Stage (Value Claiming).
Public Speaking and Persuasion skills. Arguing Technique. Presenting Information. Using Visual Aid. 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/Ploys.
Tension Between Principals and Agents. The Pros and Cons of Using an Agent. Tacit and Overt Advising. Psychological Entrapment. Expectations.
Tension Between Empathy and Assertiveness. Playing in Minefields.
Post Negotiation Assessment.
Closing of the Deal. Value Solidifying. Value Maximizing.
Issues to Consider in Drafting Final Documents.
Playing several games at the same time. Combining Negotiations and litigation. Russian realities of negotiating procedure.
Considerations in Requesting and Giving Representations and Warranties. Importance of Due Diligence during the whole period of negotiations.
Tactical Elements to Negotiations, as well as Pitfalls and Hurdles Facing Negotiators Who Are Conducting Bi-Cultural Negotiations. The Impact of Ethnicity and Gender.
International Negotiations. Negotiation Ethics. Multilateral Negotiations. Coalitions. Devising a Constructive Concession Pattern. ADR. Mediation/Assisted Negotiation. The Challenge of Dispute Resolution.
Control of Emotions of Both Sides. “Pause” Knob («Withdrawal to the Balcony»). Mechanisms for Dealing with Difficult Issues, and for Dealing with Difficult Negotiators. Separating Factual Differences/Disagreements from Emotional.