Lawyer Bargaining (LAW-651-003)
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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
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Lawyer Negotiation, Folberg and Golann; Wolters Kluwer (4th Edition 2021)
Getting to Yes, 3rd edition Fisher, Ury and Patton, Penguin (2011)
Other Required Resources:
- Radiolab Podcasts: https://www.wnycstudios.org/podcasts/radiolab a. Apologetical (December 21, 2018): How do you fix a word that's broken? A word we need when we bump into someone on the street, or break someone's heart. In our increasingly disconnected secular world, "sorry" has been stretched and twisted, and in some cases weaponized. But it's also one of the only ways we have to piece together a sense of shared values and beliefs. Through today's sea of sorry-not-sorries, empty apologies, and just straight up non-apologies, we wonder what it looks like to make amends. This episode was reported by Annie McEwen and was produced by Annie McEwen and Simon Adler. Special thanks to Mark Bressler, Nancy Kielty, and Patty Walters. (58:29) b. Tit for Tat (September 17, 2019): In the early 60s, Robert Axelrod was a math major messing around with refrigerator-sized computers. Then a dramatic global crisis made him wonder about the space between a rock and a hard place, and whether being good may be a good strategy. With help from Andrew Zolli and Steve Strogatz, we tackle the prisoner's dilemma, a classic thought experiment, and learn about a simple strategy to navigate the waters of cooperation and betrayal. Then Axelrod, along with Stanley Weintraub, takes us back to the trenches of World War I, to the winter of 1914, and an unlikely Christmas party along the Western Front. (28:44)
- Hidden Brain Podcast: https://hiddenbrain.org/podcast
- Market Place Podcast:
- DC Bar Rules of Professional Conduct: (available at: https://www.dcbar.org) a. Rule 1.6: Confidentiality of Information
- MOVIE: 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) Description from IMDB.com
a. Mind Reading 2.0: The Double Standard: It’s easy to spot bias in other people, especially those with whom we disagree. But it’s not so easy to recognize our own biases. In the latest in our “Mind Reading 2.0” series, we revisit a favorite conversation with psychologist Emily Pronin. (48:22)b. Why Conversations Go Wrong: Do you ever struggle to communicate with your mom? Or feel like you and your spouse sometimes speak different languages? We talk with linguist Deborah Tannen about how our conversational styles can cause unintended conflicts, and what we can do to communicate more effectively with the people in our lives. (53:31)
a. https://www.marketplace.org/2021/10/19/inside-philadelphias-eviction-diversion-program/ Marketplace story by Amy Scott, October 19, 2021 (6:29)
b. Rule 2.4: Lawyer Serving as Third Party Neutral
c. Rule 3.3: Candor to Tribunal
d. Rule 4.1: Truthfulness in Statements to Others
First Class Readings
Folberg Text, Chapter 1
Getting to Yes (entire book to be completed by 3rd class)
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