Negotiation Workshop
     WIPO Workshops for Mediators


Negotiation Workshop

Harvard Law School

Winter Term
M,T,W,Th,F 9 AM - 4:30 PM

Professor Robert H. Mnookin, with Ms. Erica Fox, Ms. Kathy Holub, Mr. Alain Lempereur, Ms. Linda Netsch, and Mr. Douglas Stone
4 classroom credits LAW-44100A Winter/Spring
(3 classroom credits Winter + 1 classroom credit Spring)

Most lawyers, irrespective of their specialty, must negotiate. Litigators resolve far more disputes through negotiation than by trials. Business lawyers whether putting together a start-up company, arranging venture financing, or preparing an initial public offering are called upon to negotiate on behalf of their clients. Public interest lawyers, in-house counsel, government attorneys, criminal lawyers, tort lawyers, and commercial litigators all share the need to be effective negotiators.

This Workshop, by combining theory and practice, aims to improve both the participants' understanding of negotiation and their effectiveness as negotiators. Drawing on work from a variety of research perspectives, the readings and lectures will provide students with a framework for analyzing negotiations and tools and concepts useful in negotiating more effectively. Participants will spend much of their time in a series of negotiation exercises and simulations, where as negotiators and critical observers, they will become more aware of their own behavior as negotiators and learn to analyze what works, what does not work, and why.

The Workshop is intensive and time-consuming. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend sessions. Students may not take the Workshop if they have other courses that conflict with the daily hours or with any other significant obligation during the winter term. There will be no classes during the spring term.

The Workshop is limited to 144 students who are divided into six working groups of 24 each. Sessions of the full class will be devoted to demonstrations, discussion problems, lectures, video and film. Much of the time devoted to exercises and simulations will take place in the smaller working groups, each of which will be led by an experienced instructor and a teaching assistant.

The final drop/add deadline is at the beginning of each semester. Ordinarily, no one will be admitted to or allowed to complete the course who is not present when the course begins. Participants should adjust their travel plans accordingly.

In addition to participating in the daily activities, students will be expected to keep a daily journal and write a short paper. The journal is submitted weekly during the winter term, and then annotated and resubmitted during the spring term, after a month's reflection. The final annotated journal and paper is due at the end of the course.

During the first week of the Workshop, students will be given an opportunity to elect to take the Workshop on a pass/fail basis. For cross-registrants the availability of the pass/fail option is dependant on the policies of their home school.