CNM213 | Negotiation, Mediation, and Mediation Advocacy Workshop

This course teaches techniques of effective negotiation, mediation and mediation advocacy. It includes theoretical perspectives but focuses on developing students’ practical skills as a negotiator for clients in legal disputes and business transactions and as an advocate in the mediation process. It is a standalone course. It does not require as a prerequisite completion of other courses in dispute resolution.

The course will focus heavily on roleplay-based instruction. Students will negotiate, mediate and advocate with classmates in pairs or small groups, using simulations that are based on actual cases. Before each exercise students will be asked to complete a preparation memorandum, answering questions that address key issues and concepts in the negotiation or mediation process. After each exercise they will explore the lessons learned through interactive discussion. Students will also view video excerpts in which experienced lawyers perform the same exercise; the videos will serve as the basis for further discussion and learning.

As indicated, the pedagogical method focuses primarily on interactive discussion and roleplaying. There is very little formal lecture. Students’ experiences in simulations and video examples form the basis for group discussion and analysis. Students will also be led through brief interactions in which they themselves will experience cognitive barriers that frustrate negotiation and will discuss vignettes that illustrate problems in bargaining or the mediation process.

As legal mediation is essentially a process of assisted negotiation, the course will begin with students learning techniques of good negotiation, as well as forces which cause negotiations to fail. They will then explore the legal mediation process and as they learn about the process will be taught how advocates can take advantage of a mediator’s assistance to bargain more effectively.