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Straus Institute for Dispute Resolution

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Malibu Campus

Weekend Format: Block 2

June 5 - 7 and 12 - 14, 2014 

Thursday and Friday 6:00 pm - 9:30 p.m.
Saturdays 8:30 a.m. - 4:30 p.m.

Negotiation Theory and Practice

This course examines the theory and practice of negotiation as a process used to put deals together or to resolve disputes and legal claims. Students learn about competitive positional bargaining and collaborative problem solving and acquire insight into the strategic management of the tension between the two approaches. Through simulated exercises, students develop skills and confidence as negotiators, including an awareness of the psychological encouragements and barriers to consensus. Special challenges of multiparty negotiations are addressed with an emphasis on the attorney-client relationship, including applicable ethical standards, codes, and law.

John Lowry is the assistant dean of the Lipscomb University College of Business and founder of the School of Executive Education. In addition, he serves as assistant professor of Management for Lipscomb University’s College of Business, where he teaches negotiation and dispute resolution courses. Lowry also serves as vice president for the Strategic Resolutions Group, LLC (SRG). At SRG, he provides negotiation, mediation, and conflict management training for major insurance companies, healthcare organizations, and legal services providers. Prior to moving to Nashville, Lowry practiced law with Strasburger & Price, LLP in Dallas, Texas. As an attorney, he represented hospitals and healthcare providers in professional liability and commercial disputes. He has also served as a California State Assembly Fellow and worked in the Law Department of Tenet Healthcare Corporation.

Selected Issues in Dispute Resolution: Decision Making Under Conflict 

Prerequisite: LAW 1392 Mediation Theory and Practice or LAW 1422 Alternative Dispute Resolution Processes
Lawyers create value for their clients by effectively representing them in negotiation. Transactional lawyers bring multivariable deals together when anticipation is high for the relationship. Litigators negotiate disputes in the shadow of potential trial outcomes in all but about 2% of cases. Sound decision making in these circumstances is the essence of effective lawyering. Since effective decision making does not correlate with education or intelligence, it must be learned and practiced. This course incorporates psychology and neuroscience, behavioral economics and game theory, and light statistical analysis through computer programs that aid decision-makers. Students will learn about well-known barriers to disinterested analysis, factors that correlate with poor quality decisions and adverse outcomes, the incidence and magnitude of settlement decisions errors, and methods they can employ to improve decisionmaking and problem-solving skills.

Don Philbin, is an AV-rated attorney-mediator, negotiation consultant and trainer, and arbitrator. He has resolved disputes and crafted deals for more than two decades as a business litigator, general counsel, and president of technology-related companies. Philbin is an adjunct law professor at Pepperdine's Straus Institute, has trained and published at Harvard's Program on Negotiation, is an elected Fellow of the International Academy of Mediators and the American Academy of Civil Trial Mediators, and is certified by the International Mediation Institute. Don is listed in Texas Super Lawyers, The Best Lawyers in America, and U.S. News' Best Law Firm survey.

Randall Kiser is the Principal Analyst at DecisionSet® in Palo Alto, California, and an international authority on legal decision making. Mr. Kiser is the author of two books on legal judgment and conflict resolution, Beyond Right and Wrong: The Power of Effective Decision Making For Attorneys and Clients (Springer, 2010) and How Leading Lawyers Think: Expert Insights Into Judgment and Advocacy (Springer, 2011). His extensive research has been featured in a broad range of publications from the New York Times to U.S. Supreme Court briefs. Mr. Kiser received his law degree in 1978 from the University of California at Berkeley and was awarded his undergraduate degree with Highest Honors in 1975 from the University of California at Davis.