After completing this module, students should be able to:
Compare and contrast the disputants, advocates, and constituents in a conflict
Outline the major steps to take to handle an interpersonal conflict
Assess the value of negotiations and the strategies used
Compare and contract facilitative and evaluative mediation
Explain how disputants’ rights are protected in the mediation process
Identify the steps in the arbitration process and briefly describe each step
Describe the strengths and weaknesses of nonbinding evaluation processes
Required Readings:
Craver, C. B., Garvey, J. B. (2021). Skills & Values: Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, and Arbitration, 2nd Edition. Carolina Academic Press: ISBN 9781531022921
Chapter 2
When People are the Means: Negotiating with Respect, 14 Geo. J. Legal Ethics 739 pdf
Module Summary Notes:
Negotiation is not limited to the ADR process but is a crucial component of it. Therefore, a substantial portion of this book is devoted to helping you understand the science and skills that should be considered when negotiating.
Everyone negotiates, even though they are often not aware of it. Babies negotiate by crying. They agree to quit crying if you give them what they want. Teenagers negotiate curfews — “I’ll be home by midnight and I’ll fill the tank and clean the car if I can drive to the concert.” College students negotiate roommate disputes — “I’ll agree to tutor you in Spanish if you’ll agree to have the party in our room on a night after my Chemistry midterm exam.
Effective negotiators have to appreciate the impact of psychological and sociological concepts, the importance of verbal and nonverbal communication, and the application of economic game theory. They have to appreciate the structured nature of bargaining interactions, to enable them to know what they should be trying to accomplish during each separate stage of the process. They need to understand the different negotiating techniques, both to enable them to decide which tactics they should employ in particular circumstances and to recognize and effectively counter-act the techniques being employed against them.
ASSIGNMENT:
Respond to the following questions or prompts such that the responses are
· Thorough
· Accurate
· Strongly connected to the course content of the week
· Enhanced through the incorporation of at least TWO credible sources other than your textbook and are cited properly in APA format
· No less than three typed pages in total. (APA title and reference pages do not count in your page total)
· Well-written, using proper grammar and punctuation
1. What is negotiation, and what critical skills are needed to become an excellent negotiator?
2. Explain the psychological and sociological concepts that impact negotiation.
3. Explain and evaluate (strengths, weaknesses, appropriateness…) of at least two different negotiation techniques.
4. Assume you are representing the investors in Apple Records and they wish for you to reach out to John Lennon and Paul McCartney in an effort to get them to amicably agree to meet and discuss the financial issues taking place at Apple Records.
Based on the John Lennon letter that appears in Week 2. Lennon McCartney Letter pdf, create a one-page letter mutually addressed to John Lennon and Paul McCartney where you attempt to negotiate a meeting between the two of them with you likewise being present.
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