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LAW-2283 Negotiation
Prof. Lisle Baker, Prof. Sabrina DeFabritiis, Prof. Dwight Golann, Ms. Carmin Reiss,
2 credits day; 2 credits evening.
Students using this course to fulfill the experiential learning requirement may not also use this
same course to meet the legal writing requirement.
Negotiation is a key skill that all practicing lawyers must have. This course teaches the theory
and practice of negotiation in a legal context. Class time will focus on practice in simulations and
role-plays, discussion of issues and problems raised by class exercises, analysis of videos, and
brief lectures by the professor. Information about written assignments required and grading
policies used by individual instructors appears below.
Faculty comments
: Prof. Baker: Graded Pass/Fail. Enrollment limited to 18. While most of the
focus of the course is on basic negotiation, some of the time and materials will be designed
around property related negotiations, for example, negotiating and drafting an instrument, such
as an easement or a right of first refusal, to provide students with an opportunity to review some
of the issues from the basic property course and to understand how bargains are struck with both
legal and business issues in mind. During the course, students will be asked to write a number of
short papers and a final paper, as well as make brief presentations. Short papers may include
memos in preparation, reflections on experience in role-plays or course reading, analysis of
issues or problems, or other topics. Pass-Fail Grading will be based upon class participation,
effort in course activities and exercises, and performance on written assignments. Professor
Smith. This course will focus on the negotiation skills central to all law practice, whether in
transactions, regulatory compliance, criminal prosecution, or civil litigation. Through readings,
video clips, brief lectures by the instructor and guests, discussion, and most importantly, a series
of negotiation exercises, students will examine and apply various negotiation theories and assess
their own personal strengths and weaknesses as negotiators. The course also will address special
topics, including negotiation ethics, the impact of gender in negotiation, and facilitated
negotiation, better known as mediation. There will be final exam. Prof. DeFabritiis: Graded
Pass/Fail. Students in this section will be required to spend 4 hours in a complex role play in lieu
of two class meetings.
Prof. Golann: Graded Pass/Fail.
Prof. Reiss: Graded pass/fail. Enrollment limited to 18.
Elective Course
Meets Skills Menu Requirement
Meets Civil Litigation Concentration Requirements
Meets Health/Biomedical Concentration Requirements
Meets Labor and Employment Law Concentration Requirements