Law 694: Persuasion in Dispute Resolution

This course provides an overview of negotiation theory, learning and applying the backbone set out in Getting to Yes by Roger Fisher and pursuing supplemental articles of interest.  The course will focus mostly on how negotiation theory and skills apply in influencing people in dispute resolution broadly -- not only mediation and arbitration, but in litigation tasks such as depositions and oral arguments and in corporate document negotiations.  The course also will provide an overview of the mechanics of both mediation and arbitration, and will teach how decision tree analysis is used to value litigation.  Students will engage in structured, simulation-based exercises designed to cultivate professional competence in managing disputes and facilitating dialogue.  Students also will be asked to evaluate and critique traditional tenets of negotiation theory.  The course emphasizes practical application through extensive role-playing, as counsel and as a party.  Guest lectures from experienced mediators, arbitrators, and counsel will offer insight into current practices and professional pathways.

Sequence and Prerequisites: None

Evaluation: Class participation, writing assignments including mediation submissions, participation in role-playing exercises, a reflection journal, and a brief final paper critiquing a chosen tenet of negotiation theory.  

Course Classification: Experiential