Mediation/Advanced Negotiation (Law 7010-1)
Spring 2005, Wednesday and Thursday: 9:30 - 10:55 am, Room 107
Professor Jim Holbrook; Office: Room 230; 585-9693; holbrookj@law.utah.edu

Goals, Methods & Grades

Course Goals — Negotiation and mediation are integral parts of the practice of law for both litigators and transactional lawyers. Negotiation is a learning conversation in which parties attempt to: (Q1) create or repair a relationship; (Q2) create a deal or resolve a dispute; (Q3) exchange value; and/or (Q4) take or explain a position. Mediation is facilitated negotiation in which a neutral third person—the mediator—helps parties find a mutually acceptable resolution of a dispute.  In this course we will study transformative, integrative, distributive, and performative negotiation contexts and theories and you will learn and practice related negotiation skills. We will study and explore your personal preferences in conflict resolution and conflict communication. You will study and practice mediation advocacy and learn how to effectively represent clients in mediation and you will learn and practice mediator skills. We also will study ethical and public policy issues concerning negotiation and mediation.

Clinical or Other Practical Experience — Because negotiation and mediation skills and insights are best acquired through hands-on experience, it is ideal if you can participate in the Mediation Clinic to observe and practice these skills.  Otherwise, you will be required to observe and analyze other negotiations and mediations.

Instruction and Assessment — The Difficult Conversations text provides a theoretical framework and guidelines for successful high-conflict communication in negotiation and mediation. The Beyond Winning text provides a theoretical framework and practical suggestions for successfully representing clients in negotiation and mediation. The Smart Choices text provides a theoretical framework and powerful practical model for decision making used in both negotiation mediation. The course also covers the procedural framework and guidelines for conducting mediation and employing the basic mediator skills of initiating mediation, asking questions, brainstorming, caucusing, analyzing risks, overcoming impasses, and providing closure. During class we will watch videotaped negotiation and mediation demonstrations, engage in role playing exercises, and debrief these role plays.

It is important that you understand your individual style, strengths and preferences as a negotiator and mediator. Accordingly, you will audiotape, transcribe, and analyze the communication skills you demonstrate in a high-conflict conversation.  You also will be videotaped negotiating a mock dispute that provides opportunities for using transformative, integrative, distributive, and performative negotiation skills.  These videotapes will be individually critiqued and graded.  You will submit the following short (5-page) papers:  a written outline of your preparation for the videotaped negotiation; an agreement from the videotaped negotiation; a paper on reciprocity and trust building; and a consequences table discussed in the Smart Choices text.  You will submit a substantial (10-page or longer) final paper critically analyzing the mediator’s strategies and skills demonstrated either in an actual mediation you conducted or observed or in a videotaped mediation I will provide.  If you take the Mediation Clinic during Summer 2005 or Fall Semester 2005, you should write your final paper about your observations and experiences in your clinic and submit the paper at that time.

Grades — Grades will be based upon: your audiotaped conversation analysis; the reciprocity and trust building paper; the videotaped negotiation, written preparation, and settlement agreement; the table of consequences paper; and the final mediation analysis paper as follows:

• Audiotaped conversation analysis:         25%

• Reciprocity and trust building paper:      10%

• Videotaped negotiation:                         20%

• Written negotiation preparation:             5%

• Written negotiation agreement:               5%

• Table of consequences paper:               10%

• Final mediation paper:                           25%

Classroom participation and preparation for in-class assignments also may be considered when determining your grade.  Unexcused absences will be taken into account.  If you must be absent, please leave an email, voicemail, or written message for me.

Douglas Stone, Bruce Patton, and Sheila Heen, Difficult Conversations: How to Discuss What Matters Most (New York, NY: Penguin Books, 1999)

Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes (Cambridge, MA: The Belknap Press of the Harvard University Press, 2000)

John S. Hammond, Ralph L. Keeney, and Howard Raiffa, Smart Choices: A Practical Guide to Making Better Decisions (Boston, MA: The Harvard Business School Press, 1999)

Handouts and role plays will be distributed; additional assigned readings will be on reserve.

Contact:
Prof. Jim Holbrook – Call or stop by most days
Room 230, S.J. Quinney College of Law
Telephone:  585-9693 (days) or 539-0622 (evenings)
E-mail:  holbrookj@law.utah.edu

Disabilities Accommodations — The University of Utah seeks to provide equal access to its programs, services and activities for people with disabilities.  If you will need accommodations in this class, reasonable prior notice needs to be given to Barbara Dickey, Associate Dean of Student Affairs, and to the Center for Disability Services (CDS) to make arrangements for accommodations.  CDS is located at 200 South Central Campus Drive (Union Building), Room 162, or you can call 801-581-5020.  All written information in this course can be made available in an alternative format with reasonable prior notification.

Mediation/Advanced Negotiation (Law 7010-1)
Spring 2005, Wednesday and Thursday: 9:30 - 10:45 am, Room 107
Professor Jim Holbrook; Office: Room 230; 585-9693; holbrookj@law.utah.edu

Assigned readings are from the following texts:

BW:    Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes (Cambridge, MA: The Belknap Press of the Harvard University Press, 2000)

DC:     Douglas Stone, Bruce Patton, and Sheila Heen, Difficult Conversations: How to Discuss What Matters Most (New York, NY: Penguin Books, 1999)

SC:     John S. Hammond, Ralph L. Keeney, and Howard Raiffa, Smart Choices: A Practical Guide to Making Better Decisions (Boston, MA: The Harvard Business School Press, 1999)

Handouts and role plays (to be distributed)

Additional readings and mediation video on reserve (to be assigned)

Contact:
Prof. Jim Holbrook
Office: Room 230, S.J. Quinney College of Law
Office hours: call or e-mail for appointment
Telephone: 585-9693 (days); 539-0622 (evenings)
E-mail: holbrookj@law.utah.edu

Copyright 2006 Jim Holbrook. Teachers are free to copy these materials for educational use in their courses only, provided that appropriate acknowledgment of the author is made. For permission to use these materials for any other purpose, contact the author.