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)
Practice Assessment: 1,500 words essay on a specific negotiation topic
Assessment method for LLM students: 3,000 word coursework essay
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.
Introduction: Negotiating through action
Principled negotiation: 7 elements framework
Principled negotiation: Interests and positions
Principled negotiation: Objective criteria
Three tensions: Creating and claiming value
Three tensions: Empathy and assertiveness
Three tensions: Principals and agents / Ethics in negotiation
Naïve realism and perception in negotiation
Rationality in negotiation
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).
Patton (2009), The Deceptive Simplicity of Teaching Negotiation: Reflections on Thirty Years of the Negotiation Workshop. Negotiation Journal, 25.
Fisher, Ury, Patton, Getting to Yes (Random House Business, 2012)
Other information: none
Prizes for this module: There are currently no prizes available for this module.
The application process for the 2014-15 academic session, for entry in September 2014, is now open.
Please refer to the How to apply section for information on the application process.