Discussion - 3 hours. This course is based on experiential learning structured around an extended stimulated negotiation of a business transaction. It is focused on the skills of transactional lawyering and negotiation rather than the substantive law governing international business transactions. The goals are to (i) introduce students to transactional law, (ii) provide negotiation training in the context of transactional practice, and (iii) further students’ practical legal skills. The course allows students to apply their legal and non-legal knowledge in the context of serving as a lawyer negotiating a “real” business transaction within the controlled environment of the classroom. Students become immersed in the thought process of a transactional lawyer as they progress through the negotiation, learn the relevance of the facts of the transaction, explore the interface of business and law, and draw upon their intellectual and emotional resources to solve problems that arise in “real time” during a transaction. The negotiations are serial, building on the preceding negotiation session, enabling students to experience a transaction from beginning to end. Class time focuses on negotiation skills and strategies, legal and business issues relevant to the negotiation, how such matters are addressed in legal documents, issues of cross-cultural and developing economy negotiations, approaches for dealing with impasse and frustration, and the ethics of negotiation. Upon completion of the course, students will have developed facility with actual negotiations, an understanding of transactional practice, and an appreciation of what it means to be a transactional lawyer engaged in a cross-border or domestic transactional negotiation.
The negotiations will take place through written exchanges and live negotiations.
Some Saturday class meetings will be required in lieu of weekday meetings. This course will be taught as an accelerated course. There will be 10 regular weekday classes, with the final class being on March 29.
Prerequisite: Prior or concurrent enrollment in 215 Business Associations required. 211 Negotiations and 270 International Business Transactions recommended.
Classroom Policies: This course has an attendance policy.
Graduation Requirements: Counts towards Professional Skills Requirement.
Final Assessment: Paper.
Class limit: 18 students.