Representing the Business Client in Mediation: an Interactive Role-Playing Case Study
Karen van Ingen
Students will represent clients in the mock mediation of a commercial litigation matter. The goal of the course is for students to identify and consider the client's interests, the weight and importance of the component parts of the client's case (e.g., the legal strengths and weaknesses of each side's case) and then to develop and employ a negotiation strategy in an actual mediation based on a provided fact pattern. We will begin with a viewing and discussion of the Harvard Project on Negotiation's video: Saving the Last Dance.
Practice Segments that will include practice tips and daily evaluations including: Opening Statements, Initial Demand/Offer, Breakout Sessions with Clients, Joint meeting and Continued Negotiations, Private Caucuses with the Mediator, and Conclusion.