Finishing up on the Wash U ADR roundtable, here is the discussion surrounding John’s paper.
Not surprisingly John states that our teaching goal is teach students to negotiate effectively. One criticism he has of the current method is that we tend to focus on negotiating w/ counterparts on the “ultimate” negotiation that is limited to the litigation environment and that roleplayers parachute into the negotiation stage of a dispute. Among many proposed solutions, he suggests more realistic simulations – from interviewing clients, factual and legal research, client prep, and drafting settlement agreement.
- What you’ve described is more than 3 credits. . . . Your def’n of negotiation needs “communication” in there. . . . Parachuting in exercises are making pedagogical points – that point is emphasized in that negotiation and the next negotiation builds on the last, and so on.
- Maybe you want a series of mini-multi stage simulations b/c of the repetition (finding BATNAs for example). Try Viking Investments (Kellogg School) – the b-students can be the clients and the law students have to interview them and figure out what they have to do going forward. How do you find the BATNA when negotiating w/ clients. . . . business scholarship on the inability to do advocate role and objective advisor role.
- The norms negotiation for the class will be difficult. If you can get the students to establish them, there are some good papers there. The implicit model is adversarial based. . . . “subjective value inventory” Jared Curhan very good on this. Talks about how one communicates during the course of the negotiation.
- This sounds like an advanced negotiation course. You’re trying to get clients, characters, context.
- Worried about negotiations outside of class. You won’t be able to see them and can only rely on their abilities to recall what happened – it may not be complete nor accurate. . . . . Working w/ different people is important. What happens when assigned to a slacker?
- Outside of class negotiations lose the teachable moments you can’t anticipate . . . . Debriefing the same night as the negotiatoin is critical b/c the next class is another universe – you just loose so much. . . . The idea of using settlement counsel and litigation counsel is out there, but it’s so rare a quarter of 1 percent. I wouldn’t use that model in class.