Negotiations, Mediation and Dispute Solution

URL study guide

https://studiegids.vu.nl/en/courses/2024-2025/R_NMDS

Course Objective

(a) Social and communication learning outcomes Upon completion of the course, the student
- can in a scientifically substantiated manner clearly and convincingly present – orally and in writing
- viewpoints and findings to different target groups, in particular o is acquainted with the theory and practice of negotiation, mediation and dispute resolution. o understands how the personal background, values, emotions and personal style affect his or her performance as a negotiator and/or mediator. (b) Study skills and professional orientation The student is able to
- critique his or her own work and to learn from experience
- experiment and test theories in practice.

Course Content

Negotiations are at the heart of human relationships: business,politics, friendships and love affairs alike are all shaped by our ability to reconcile our own positions with those of others. The aim of this course is to provide an introduction to the psychological factors that play a role in legal contracts, dispute resolution, including mediation, and negotiation strategy. Through its interactive structure students have the opportunity to experience different types of negotiations and conflicts, to experiment with different approaches to negotiations and with mediation techniques, to negotiate both behind the table (with clients) and across the table (with other parties), and to learn from their own and others’ outcomes. The topics to be discussed in the behavioral classes on negotiation and mediation will be: a) value distribution in single-issue, two-party negotiations; b) value creation in multi-issue, two-party negotiations; c) psychological factors in mediation and dispute resolution; d) introduction to counseling: the lawyer-client relationships. The course builds on the students’ insights in how their cultural background and situational role shape their views and actions, gained in a.o. the courses Diversity (in B1) and in Qualitative Research Methods (in period 2 of the first semester of B2).

Teaching Methods

- Seminars for all students. These seminars combine lectures with interactive methods and include some guest lectures from legal practitioners.
- Working groups of max 24 students. Students discuss and practice various negotiation and mediation techniques. Attendance is mandatory.

Method of Assessment

- Participation in behavioral classes which include face-to-face negotiation/ADR assignments (during the working groups)
- Reflection report
- Exam

Literature

Fisher, R., Ury, W. and Patton B, Getting to Yes, Negotiating an Agreement without Giving in, Random House Business 2012 Syllabus with selected articles and jurisprudence. Further details of the literature will follow on canvas.