"Deal or No Deal: Teaching On-Line Negotiation to Law Students" 
QUT Journal of Law & Justice, Vol. 8, No. 1, p. 93,
2008
DAVID L. SPENCER, La Trobe University
Email: david.spencer@latrobe.edu.au
This
article discusses and evaluates a teaching initiative conducted by the authors
and their students in 2006. At the time, the authors were teaching in law
schools in different States of Australia and were the coordinators of an
elective subject, Dispute Resolution, in each school's undergraduate law
curriculum. The two subjects had similar content but the class demographics and
sizes, as well as the teaching structures and methodologies varied. The on-line
negotiation exercise was a small part of the overall units, taking up about two
weeks of the semester-long units, and comprising part of the students'
summative assessment.
"The Lawyer's Dilemma: To Be or Not to Be a Problem-Solving
Negotiator"
Clinical Law Review, Vol. 14, p. 253, 2007
NYLS Clinical Research Institute Paper No. 08/09-10
ALEX J. HURDER, Vanderbilt
University - School of Law
Email: Alex.Hurder@law.vanderbilt.edu
The problem-solving approach to legal negotiation requires that lawyers both compete and cooperate with their adversaries. This article urges legal education, and clinical legal education in particular, to endorse and teach the problem-solving approach to legal negotiation as the preferred approach for both litigation and transactional practices. Trial lawyers have been reluctant to embrace the cooperative aspects of negotiation, and ethical rules of the legal profession often seem to discourage cooperation with adversaries. As a result, lawyers often fail to reach beneficial solutions and deals that create value for their clients. The act of making a voluntary settlement in litigation or an agreement in transactional practice transforms each party's subjective evaluation of a potential deal into objective and measurable value. All parties to a voluntary settlement or agreement walk away better off than they would have been without the deal. Thus, problem-solving negotiation allows lawyers to create value for their clients. It should be the standard for legal negotiation
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