DESCRIPTION OF COURSE UNIT


1.

Code

Course unit title

Title of the degree programme

LLL17B000603

Legal Negotiation and Mediation

Elective subject


2.

Name of lecturer(s)

Departament(s)

Coordinator: Assoc. Prof. Dr. Natalija Kaminskienė (natalijak@mruni.eu)

a. o: Assoc. Prof. Dr. Natalija Kaminskienė

Institute of Private Law


3.

Cycle of course unit

Level of course unit

Type of course unit

I

Not applicable

Optional


4.

Mode of delivery

Year of study and semester when the course unit is delivered

Language of instruction

Face-to-face

2 semester

English


5.

Study requirements

Prerequisites:

Co-requisites:

Work placement(s):

Not applicable

Not applicable

Not applicable


7.

Number of ECTS credits allocated

Student's workload

Contact work hours and planned learning activities

Independent work hours

6

162

50

112


8.

Purpose of the course unit

This course is designed to acquaint students with the concept of negotiation in legal disputes, types of negotiations, negotiating advantages and disadvantages, pit-falls and obstacles of negotiation process, negotiation skills, strategies for the negotiation, third party in resolution of legal disputes, role and ethical principles of negotiation, negotiation styles and techniques used for the negotiations in legal disputes.

Learning outcomes of the course unit

Teaching and learning methods

Assessment methods

Gain a deeper understanding of legal negotiations

Academic lecture, discussion, individual and group work, problem based teaching, case studies.

Participation in discussions and exercises; case analysis; final exam.

Develop knowledge of vocabulary and practice of legal negotiations

Academic lecture, discussion, individual and group work

Participation in exercises; case analysis; final exam.

Experience processes of legal negotiation, improve individual ability to lead legal negotiation process

Simulations, individual and group work

Participation in exercises; case studies; final exam.

Gain ability to evaluate the parties' negotiating position, their cultural, personality and gender differences.

Academic lecture, discussion, individual and group work

Participation in exercises; case analysis; final exam.

Acquire practical skills necessary to practice as negotiator or mediator.

Simulations, individual and group work.

Participation in exercises; case studies; final exam.


9.

Course contens

Topics

Contact work hours and planned learning activities

Independent work hours and tasks

Tasks

1. Introduction: value of negotiating skills. Negotiation as a process. Cultural dislike of negotiation. Impact of negotiator personalities.

2

2

4

10

Preparation for discussion, participation in discussion, preparation for exercises, performing of exercises

2. Basic factors affecting negotiation. Personal needs of participants. Negotiation siyles of participants. Type of negotiation.

2

3

5

10

Work with literature, preparation for exercises, performing of exercises

3. Verbal and nonverbal communication. Verbal communication. Nonverbal communication.

2

3

5

10

Work with literature, preparation for exercises, performing of exercises

4. Prepearing to negotiate (establishing limits and goals). Client and lawyer preparation. Setting the stage.

2

3

5

12

Work with literature, preparation for exercises, performing of exercises

5. The preliminary stage (establishing negotiator identities and tone for interaction). Assessing negotiator personalities. Establishing negotiation tone. Establishing effective ongoing negotiator relations.

2

3

5

10

Work with literature, preparation for exercises, performing of exercises

6. The information stage (value creation). Questioning. Offers. Controlling responses.

2

3

5

12

Work with literature, preparation for exercises, performing of exercises

7. The competitive/distributive stage (Value Claiming). Value claiming. Concessions. Dealing with adversity. Power bargaining.

2

3

5

10

Work with literature, preparation for exercises, performing of exercises

8. The closing stage (value solidifying). Closing stage mood and temptations. Closing stage techniques.

2

3

5

12

Work with literature, preparation for exercises, performing of exercises

9. The cooperative/integrative stage (value maximizing). Advancing interests of all parties. Competetive aspect of cooperative bargaining. Using tit-for-tat approach

2

3

5

10

Work with literature, preparation for presentation. Case study.

10. Mediation/assisted negotiation. Mediation as intermediary step between settlement and litigation. Mediator styles. Initiation of mediation process. Mediator selection. Mediation preparation. Mediation process.

2

2

4

16

Work with literature, preparation for presentation. Case study.

Assesment

2

2

Exam.

Overall

20

28

2

50

 

112

 


10.

Assessment strategy

Weighting percentage

Period or date of assessment

Assessment criteria

Tasks performance in seminars

25

All semester long

Attendance and the quality of active participation in lectures and seminars

Presentation

25

During one of seminars

Quality of analysis and evaluation of concrete legal negotiation or mediation issues.

Examination

50

End of semester

Provision of comprehensive and coherent answers to the questions of examination.