UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


NEGOTIATION FOR LAWYERS (LAWSG172)
Credit value: 15 credits (6 ECTS)
Module Convenor: Mihael Jeklic Other Teachers: N/A
Content

Summary:

The module draws upon thirty years of interdisciplinary research in negotiation from the perspectives of law, economics, game theory, and social, cognitive-behavioural and psychodynamic psychology.

It provides comprehensive theoretical background as well as training in negotiation, and aims to address the requirements of modern legal practice, where effective legal work often entails negotiations in complex interpersonal settings involving multiple parties and multiple issues, and where deal-making, consensus building, and problem-solving frequently take the central stage.

The module explores the Principled negotiation model developed at Harvard Law School, as well as advanced interdisciplinary theory on negotiation, including the Three Tensions model (creating vs claiming value, empathy vs assertiveness, and the principal-agent tension), and the insights from modern social, cognitive-behavioural and psychodynamic psychology.

In addition to the intensive reading, the students are expected to negotiate complex proprietary negotiation cases on a weekly basis. Case experience is used as material for class discussion and for explication of the relevant theory.

Syllabus:

  1. Introduction: Negotiating through action
  2. Principled negotiation: 7 elements framework
  3. Principled negotiation: Interests and positions
  4. Principled negotiation: Objective criteria
  5. Three tensions: Creating and claiming value
  6. Three tensions: Empathy and assertiveness
  7. Three tensions: Principals and agents / Ethics in negotiation
  8. Difficult negotiation
  9. Naïve realism and perception in negotiation
  10. Rationality in negotiation

Background Reading (optional):

  • Fisher, Ury, Patton, Getting to Yes (Random House Business, 2012).
  • Mnookin, Peppet, Tullumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes (Harvard University Press, 2004).
  • Axelrod, Hamilton (1981). ‘The Evolution of Cooperation’, Science 211.
  • Corman Aaron, Hoffer (1997). Decision Analysis as Method of Evaluating Trial Alternative, in Mediating Legal Disputes 307.
  • Gilson, Mnookin (1994). Disputing Through Agents: Cooperation and Conflict Between Lawyers in Litigation 94 Columbia Law Review 509.
  • Kahneman, Tversky, ‘Conflict resolution: A cognitive perspective’, in Arrow, Mnookin, Ross, Twersky, Wilson, Barriers to Conflict Resolution (Norton & Co., 2007).
  • Lax, Sebenius, The Manager as Negotiator: Bargaining for Cooperation and Competitive Gain (The Free Press, 1987), chapters 2, 7.
  • Ross, Reactive devaluation in Negotiation and Conflict Resolution, in Arrow, Mnookin, Ross, Twersky, Wilson, Barriers to Conflict Resolution (Norton & Co., 2007).
  • Ross, Ward, Naive realism in everyday life: Implications for social conflict and misunderstanding, in Brown, Reed, Turiel (Eds.), Values and knowledge (1996)
  • Patton (2009), The Deceptive Simplicity of Teaching Negotiation: Reflections on Thirty Years of the Negotiation Workshop. Negotiation Journal, 25.

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.

Delivery and enrolment
Lectures/Seminars: 10 x two-hour seminars
Tutorials: Yes
Previous module enrolments: Large: 51-100 students
Who may enrol: LLM students
Prerequisities: None
Barred module combinations: None
Core Module for LLM specialism: Litigation and Dispute Resolution
Assessment
Final Assessment: 3,000 word coursework essay
Practice Assessment: 1,500 word practice essay on a specific negotiation topic

This page was last updated on 11 July, 2014

APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now closed.

Information regarding applications for September 2015 will be updated on the website in September 2014.

IMPORTANT NOTICE : Updated 28 May 2014

The Home Office issued an update about the acceptance of ETS tests (including TOEFL). They have now confirmed that Higher Education students applying for a Tier 4 visa may use a TOEFL test taken after 17 April, if a Higher Education Institution is willing to use its academic discretion. For those students entering in September 2014, UCL will continue to accept the TOEFL even if it was taken after 17 April. However, if an applicant still needs to book a test then we recommend that they take an alternative test to TOEFL. Those who have already arranged to take a different test following the previous advice from the Home Office, we encourage you to go ahead with taking the alternative test.

The TOEFL test will continue to be accepted for 2014 entrants who have been asked to take an English language qualification as part of their offer condition, and do not need to apply for a visa to study in the UK.