Monday, November 25, 2013

New ETL Course Portfolio: Negotiation by John Lande

John Lande has posted a course portfolio on Negotiation on the Educating Tomorrow's Lawyers Website.  (here)

Professor Lande writes,

"Law schools need to do an especially good job of teaching negotiation because it is a significant part of the work of virtually all practicing lawyers, regardless of whether they handle civil or criminal matters or whether they do litigation or transactional work. Faculty can help students develop their professional identities through simulated experiences showing how negotiation fits into legal practice."

His goal is "provide students with the most realistic understanding of how lawyers actually negotiate in the real world. So this course gives students extensive simulated experiences to help them understand how negotiation fits into the “big picture” of legal practice. The theory of the course is described in my article, Teaching Students to Negotiate Like a Lawyer."

The course is different from other negotiation courses:

"Unlike most negotiation courses, which generally rely exclusively or primarily on numerous one-stage simulations where students “parachute” into the final stages of negotiations, this course incorporates two six-stage simulations, starting from the initial client interviews and including factual investigation and working with counterpart lawyers. Using multi-stage simulations helps students to get into their roles, deal with complex situations, focus on specific stages in a matter, see connections between various stages, and generally have more realistic experiences. This course also (1) focuses on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, and (2) includes “ordinary legal negotiation” as well as the two traditional theories of negotiation (often called positional and interest-based negotiation)."

You can find other ETL course portfolios here.

(Scott Fruehwald)

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