Lawyer Bargaining (LAW-651-002)
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The course explores the attorney's role in the resolution of disputes through nonadjudicatory processes such as negotiation, mediation, arbitration, and mini-trial. The course focuses on theories underlying each form of dispute resolution and the lawyering skills necessary to implement effectively those processes. The lawyer's role and required skills will be explored from the dual perspective of the attorney as advocate and as impartial dispute resolver.
Textbooks and Other Materials
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Required Texts: Lawyer Negotiation 3rd edition, Folberg and Golann; Aspen Publishers (2016) Getting to Yes, 3rd edition Fisher, Ury and Patton, Penguin (2011) Other required resources: Podcasts as listed in the syllabus DC Bar Rules 1.6, 2.4, 3.3 and 4.1 (available at dcbar.org) MOVIE: Description from IMDB.com 1. Bridge of Spies (2015): During the Cold War, an American lawyer is recruited to defend an arrested Soviet spy in court, and then help the CIA facilitate an exchange of the spy for the Soviet captured American U2 spy plane pilot, Francis Gary Powers. (2:22)
First Class Readings
Chapter 1 of Lawyer Negotiation by Folberg
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