p. 35812. Negotiation and mediation
- Scott Slorach, Scott SlorachDirector of Learning & Teaching, York Law School, University of York
- Judith Embley, Judith EmbleyAssociate Professor, University of Law
- Peter GoodchildPeter Goodchildis Associate Professor and Programme & Student Lead for the GDL and MA Law at the University of Law (Bloomsbury)
- and Catherine ShephardCatherine ShephardSenior Lecturer, Manchester Law School, Manchester Metropolitan University
Abstract
This chapter provides guidance as to how to conduct a negotiation and a mediation, and explains the difference between the two. It explains how, why, and when a law student might require these skills, and how to further develop the skills for professional practice. Advice is given about how to prepare a negotiation plan.
Keywords
- negotiation
- mediation
- BATNA
- alternative dispute resolution
- case analysis
- matter analysis
- contentious
- non-contentious
- strengths
- weaknesses
- negotiation plan
- adversarial
- positional bargaining
- win/lose
- zero-sum
- principled negotiation
- collaborative negotiation
- win/win
- professional conduct
- ethics
- face-to-face negotiation
- telephone negotiation
- email negotiation
- persuasive oral communication
- negotiation strategy
- offer zone
- reflection
- rapport
- trust
- agreement to mediate
- mediation agreement
- settlement agreement
- opening statement
- confidentiality
- offer
- counter-offer
- ADR
- ODR
- online dispute resolution
