文章基本信息

标题：Teaching Students to Negotiate Like a Lawyer
本地全文：下载
作者：Lande, John
期刊名称：Washington University Journal of Law & Policy
印刷版ISSN：1533-4686
电子版ISSN：1943-0000
出版年度：2012
卷号：39
期号：1
页码：109-144
出版社：Washington University School of Law
摘要：This Essay is intended to help instructors plan and teach negotiation courses, recognizing that every course should be tailored to fit the interests, capabilities, resources, and constraints of the instructors and students. Some of the ideas in this Essay will not work well in particular courses and even I did not incorporate them all. Although these suggestions are specifically designed for law school courses, instructors teaching in other contexts may get some helpful ideas for their courses as well. Part II of this Essay describes how lawyers negotiate in practice and lists a variety of negotiations that lawyers regularly engage in. Part III identifies some problems with the contemporary use of negotiation simulations, which are central components of most negotiation courses. Part IV suggests ideas for overcoming these problems. The main suggestion is to use multi-stage simulations in addition to single-stage simulations. Part IV also discusses debriefing of simulations and other elements in negotiation courses.
关键词：Lawyering; Negotiation; Legal education -- innovative approaches; The Carnegie Report; Role-play; Law schools -- courses; Teaching methods; Maximal-result; concessions-oriented (MRCO); Appropriate-result; consensus-oriented (ARCO); Law students