Course objectives
This course aims to offer students a broad introduction to negotiation and mediation (theory and practice) and to increase the understanding of how negotiation and mediation works in practice. This course will provide students with the knowledge and skills to use theories and models of negotiation and mediation. Students will apply this knowledge in a concrete case.
Course description
This course is dedicated to negotiation and mediation. It builds further on the first course which introduces the main dispute settlement methods. Negotiation and mediation often constitute the first methods used by parties to settle their disputes. While negotiation and mediation are less formal dispute resolution methods than arbitration and judicial settlement, the course will nonetheless systemize and introduce students to the main rules governing negation and mediation. It will also introduce techniques for practicing lawyers to conduct negotiation and mediation, both in commercial litigation as well as in the international law dispute settlement.
Assessment
The assessment of this course will consist in three written papers and in-class participation in the negotiation exercise. Each component of the assessment will constitute 25% of the total course grade and will be awarded a maximum of 25 points.
Course topics
Topic 1. Negotiation from Different Perspectives
A. General Introduction
B. Different Perspectives
C. Strategy as a concept
Topic 2. Integrative Negotiation
D. Wise and Efficient
E. Creating v Claiming
F. Theory v Practice
Topic 3. Style & Strategy
G. Game Theory
H. Negotiator’s Dilemma
I. Pareto Efficiency v tit for tat
Topic 4. Cognitive Errors and Heuristics
J. Cognitive Errors
K. Heuristics and Influence
Topic 5. Process of Mediation
L. Basic Principles of Mediation
M. Stages in the Mediation Process
N. Mediation Skills and Practices