Negotiation

Professor Andrea Kupfer Schneider
Marquette University School of Law

WEEK ONE: Introduction

1:00 WORKSHOP PURPOSES

1:45 Marquette University Pizza (3-on-3)

2:30 Break

2:45 Debrief Pizza

3:45 Logistics

Bring check (payable to MULS) for $ 10.00 to class for exercises

Sign-up

Handouts

4:00 End

FOR NEXT WEEK:

Reading:

Journal Questions:

How do you define negotiation? How does this compare to the definitions of negotiation given in the readings? What are your goals for this class? How will you assess your own progress?

Other preparation:

Prepare to negotiate The Discussion

WEEK TWO: Framing & Dialogue

1:00 Negotiate The Discussion (1-on-1)

1:30 Debrief The Discussion

2:00 X-Y Exercise

2:30 Break

2:45 FRAMING & DIALOGUE

3:30 Triad Logistics:

  1. Pick-up 3 peer evaluations

  2. Go over goals for each participant before negotiation

  3. Feedback form should be filled out and circulated within 24 hours of negotiation

  4. Recipient hands in evaluations with journal entry

4:00 End

Handouts

FOR NEXT WEEK:

Reading:

Journal Questions:

Write about a past negotiation (out of class) in which there was a good outcome for you. What did you do that was effective? How could you replicate your success in other contexts? How do you define a good outcome for you?

Out-of-class Negotiation:

Bullard Houses (1-1-1) and debrief in triads (led by observer)

Other preparation:

  1. Read Sally Soprano

  2. Communication Exercise

WEEK THREE: Elements of a Good Outcome

1:00 Review Communications Exercise

1:30 ELEMENTS OF A GOOD OUTCOME

2:20 Break

2:35 Debrief Bullard Houses

3:20 Prepare by Sides for Sally Soprano—Opera reps to room 330; Sally agents stay

4:00 End

FOR NEXT WEEK:

Reading:

Journal Questions:

No journal entry this week.

Out-of-class Negotiation:

Sally Soprano (1-1-1) and debrief in triads

Other preparation:

  1. Hand Peer Evaluations to buddy within 24 hours of negotiation; Hand in Peer Evaluations you have received after reviewing them (they will be handed back to you).

  2. Concept Exercises

WEEK FOUR: Distributive Bargaining

1:00 Jonathan Cohen speaks on the role of apology in litigation

2:00 Break

2:15 Debrief Sally Soprano

3:15 Review Concept Exercises on BATNA and Positions & Interests

3:30 Watch "The Fight"

4:00 End

FOR NEXT WEEK:

Reading:

Journal Questions (to be written after completing Powerscreen negotiation):

Think about the past few negotiations (Sally Soprano, Bullard Houses and Powerscreen). Was your preparation method effective in achieving your interests? How about in achieving what you perceived your client's interests to be? What was most effective in achieving your interests? What would you do differently?

Out-of-class Negotiation:

Powerscreen (1-1-1) and debrief in triads

Other preparation:

Start reading Dunn & Mudd; Preparation Memo is due in two weeks

Your memo should be addressed to the senior partner, with 1 inch margins, double spaced, 12 pt. CG Times font and 10-15 pages. Use the 7 elements as your headings, plus one more section on the upcoming client meeting including questions you will ask. You do not need to restate the facts. Discuss strategy for the meeting under "communication" and discuss the relevant law under "legitimacy".

WEEK FOUR: Distributive Bargaining

1:00 Review Concept Exercises

1:40 Debrief Sally Soprano

2:40 Break

2:55 Class Interaction: Distributive Bargaining

3:30 Watch "The Fight"

3:45 Logistics

4:00 End

FOR NEXT WEEK:

Reading:

Journal Questions (to be written after completing Powerscreen negotiation):

Think about the past few negotiations (Sally Soprano, Bullard Houses and Powerscreen). Was your preparation method effective in achieving your interests? How about in achieving what you perceived your client's interests to be? What was most effective in achieving your interests? What would you do differently?

Out-of-class Negotiation:

Powerscreen (1-1-1) and debrief in triads

Other preparation:

Start reading Dunn & Mudd; Preparation Memo is due in two weeks

Your memo should be addressed to the senior partner, with 1 inch margins, double spaced, 12 pt. CG Times font and 10-15 pages. Use the 7 elements as your headings, plus one more section on the upcoming client meeting including questions you will ask. You do not need to restate the facts. Discuss strategy for the meeting under "communication" and discuss the relevant law under "legitimacy".

WEEK FIVE: Integrative Bargaining

1:00 Debrief Powerscreen & Watch Hackerstar

3:00 Break

3:15 Class Interaction: Integrative Bargaining & Creating Value

4:00 End

FOR NEXT WEEK:

Reading:

Journal Questions:

None

Other preparation:

  1. Hand in Preparation Memorandum for Dunn & Mudd

  2. Schedule meeting with me to review goals & progress (bring evaluations & journal)

WEEK SIX: Conflict Styles and Communication

1:00 Conflict Styles Exercise

2:10 Class Interaction: The Negotiator's Dilemma

2:45 Break

3:00 LISTENING

3:20 Listening Exercise

3:50 Logistics

  1. Explain procedure for Role Reversal Exercise

  2. Hand out pairings & client names for Dunn & Mudd

  3. Listening Handouts
    Another Take on Active Listening
    Common Concerns on Active Listening
    Active Listening Observation Checklist

4:00 End

FOR NEXT WEEK:

Reading:

Journal Questions:

Reflect on the Conflict Styles Exercise. Did you agree with your grouping? Discuss. Do you think the notion of a "style" is a useful factor to consider in preparing for a negotiation? Why or why not?

Write about your peer and self evaluations. Which skill do you believe needs the most work? How do you plan to work on improving it? What is your progress (or lack thereof) toward reaching your goals as a negotiator you described at the beginning of the semester? Are your goals the same now or have they changed? If so, how? What exercises or classwork has had the greatest impact?

Out-of-class Negotiation:

Begin to negotiate Dunn & Mudd

Other preparation:

WEEK SEVEN: Perceptions

1:00 Class Interaction: Partisan Perceptions

1:35 Dealing with Partisan Perceptions

2:05 Role Reversal Exercise Demo

2:15 Break (Move to Grimmelsman)

2:30 Role Reversal Exercise

4:00 End

FOR NEXT WEEK:

Reading:

Journal Questions:

No Journal entry this week.

Out-of-class Negotiation:

Hold final meeting(s) on Dunn & Mudd.

WEEK EIGHT: Attorney-Client Issues

1:00 Brainstorming Exercise

1:15 Debrief Dunn & Mudd

2:30 Break

2:45 Class Interaction: Attorney-Client Issues

3:20 PRACTICAL PROBLEM-SOLVING

4:00 End

Handouts:

FOR NEXT WEEK:

Reading:

Journal Questions:

How did the Dunn & Mudd agreement differ, if at all, from your thoughts in the preparation memo? How would you describe relations with your client? What concerns do you have about this agreement for the future? What lessons have you drawn from the exercise?

Out-of-class Negotiation:

Eazy’s Garage (1-1-1) and debrief in triads

Other preparation:

Prepare to discuss Discussion Questions on Difficult Tactics for class.

WEEK NINE: Difficult Negotiatiors

1:00 Debrief Eazy’s Garage

1:45 Dealing with Tactics

2:15 Discussion Questions on Tactics

2:45 Break

3:00 Labs on Tactics

4:00 End

Handouts: Weathers and Evans

Discussion Questions on Difficult Conversations

FOR NEXT WEEK:

Reading:

Journal Questions:

What people make negotiations most difficult for you? What situations are most difficult for you? What are your "hot buttons"? For each of these questions, first identify the problem, discuss why this is a problem and then discuss techniques or ideas from class that can help you negotiate effectively in these situations.

Out-of-class Negotiation:

Weathers and Evans (1-1-1) and debrief in triads

Other Preparation:

Prepare Discussion Questions on Difficult Conversations

WEEK TEN: Race, Gender & Culture

1:00 Debrief Weathers and Evans

1:45 Class Interaction: Differences

2:30 Break

2:45 Dealing with Difficult Conversations

3:15 Discussion Questions on Difficult Conversations

4:00 End

Handouts: Lake Drive Estate

MAPO

FOR NEXT WEEK:

Reading:

Journal Questions:

No Journal entry this week.

Out-of-class Negotiation:

Lake Drive Estate (1-1-1) and debrief in triads

Other Preparation:

Prepare to meet in teams for MAPO

WEEK ELEVEN: Ethics & Lying

1:00 Debrief Lake Drive Estate

1:45 Class Interaction: Lying

2:15 Name that Gesture

2:45 Break

3:00 making meetings work

3:15 Meet in teams for MAPO

4:00 End

FOR NEXT WEEK:

Reading:

Journal Questions:

Write about any or all of the past several negotiations (Eazy's, Weathers, Lake Drive) including negotiations among the triad over negotiation times and places. What techniques did you try? What would you do differently? What lessons have you learned as a negotiator? What lessons have you learned as an observer?

Out-of-class Negotiation:

Meet in teams to prepare for MAPO

WEEK TWELVE: Team Negotiations

1:00 Negotiate MAPO (Room: 334 )

3:00 Break

3:15 Debrief MAPO

4:00 End

Handout Harborco

FOR NEXT WEEK:

Reading:

Journal Questions:

No journal entry this week.

Other preparation:

Prepare to negotiate Harborco

WEEK THIRTEEN: Multiparty Negotiations

1:00 Harborco Exercise (Rooms: 330 & 334 )

2:30 Break

2:45 Debrief Harborco Exercise

4:00 End

FOR NEXT WEEK:

Reading:

Other preparation:

Start working on Final Journal Annotations! (I would not, however, suggest writing the final entry until after the last class)

WEEK FOURTEEN: Learning Beyond the Workshop

1:00 p.m. Learning Beyond the Workshop Discussion & Exercises

1:05 - Brainstorm obstacles

1:30 - Divide into groups & Do CC on top 4

2:00 - Post and present CC

2:20 Break

2:40 - Write top lessons

2:50 - List around room

3:00 - Review rules of thumb

3:10 - Write letter to self & Fill out evaluations

3:45 - Goodbye—logistics for journal & due date

4:00 p.m. Break for Day

Copyright 2003 Andrea Kupfer Schneider. 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.