Academic Catalog 2022–2023

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LLM877 Negotiation

[3–0, 3 cr.]

Law school trains young lawyers to be adversarial and glorify conflict. Graduates may think their primary purpose is to dispute every issue, and come to see the law as a struggle of winners and losers.
However, frequently a fractious transaction or contentious lawsuit is not in the best interest of clients. There may not be sufficient resources available, or inclination to endure long, drawn-out adversarial proceedings. Clients may prefer to settle matters expeditiously, avoiding hard feelings, negative publicity or large costs. Skilled lawyers will often tell you some of their biggest successes were resolving contentious matters in a sensible manner as early as practicable. When lawyers come to appreciate legal negotiation, conflict resolution evolves to a sensible, business-like process whereby both parties can walk away winners. In this way, the lawyer transforms into a wise problem solver and is far more complete, trusted and respected individual.