Negotiation

Learning Outcomes    

By the end of this module, students should be able to: 

• LO.1: Understand general negotiation strategies and their rationale; 
• LO.2: Gain a thorough understanding of the ‘mutual gains approach’ to negotiation; 
• LO.3: Appreciate the role of lawyers in the negotiation process and the means by which a negotiation is conducted effectively; 
• LO.4: Employ negotiation strategies in a practical setting; 
• LO.5: Present coherent arguments in support of their negotiating position; 
• LO.6: Work effectively with peers in group negotiations (both in terms of collaborating effectively with teammates and opponents to reach mutually acceptable results) 

Module Content  

This programme gives students the opportunity to develop the negotiation skills that are a central component of any lawyer’s training. It introduces students to the basic principles that are crucial to conducting collaborative and successful negotiations, as well as the theory underlying their usage. The module will enable students to gain exposure to one of the most essential and foundational skills of a practicing lawyer, namely, negotiation. 

Students receive instruction throughout the course in relation to negotiation generally, and in relation to the preparation of coherent arguments and advocacy skills in supporting positions taken during a negotiation with another party. They benefit from a blended learning experience of lectures provided by the lecturer in a group setting, followed by practical negotiation sessions (conduced every third week) where they have the opportunity to practice the theory they learn in lectures. The lecturer will conduct the mock negotiations where students will be given the opportunity to observe their peers conducting negotiations; receive feedback on their approach by the lecturer; provide peer-to-peer feedback during ‘fishbowl negotiations’ (where students observes a single group carrying out a mock negotiation); and gain experience applying negotiation strategies prior to their final assessment. Thus, students are provided with the theoretical tools in terms of general negotiation strategies (and in particular, the ‘mutual gains approach’), and this is supplemented effectively by establishing an environment in which they can apply those tools and learn from each other in practical classes.