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Pepperdine | Caruso School of Law

Strategic Negotiation Skills

August 10-11, 2017

Faculty:  Denise Madigan

Lawyers, managers, and other professionals can learn the latest negotiation theories and techniques in this interactive, practical, and entertaining course. Negotiation and Settlement Skills evolved from extensive work with more than 40,000 lawyers and managers in forty states. Building on the empirical data from the fields of business, communication, and psychology, the course utilizes sophisticated simulations and case studies to create a conceptual roadmap for negotiation strategy.

What you will learn:

  • Four stages of negotiation
  • Characteristics of distributive and integrative bargaining
  • Three styles of negotiations
  • Recognition and management of mixed-motive exchange
  • Techniques of competitive and collaborative negotiation
  • Interplay between style and strategy
  • The strength of alternatives in negotiation
  • Negotiation tactics and how to counter them
  • Sources and uses of power
  • Avoiding conflict aftermath
  • The dynamics of multi-party, multi-issue bargaining
  • Evaluation of negotiation success

    Thomas J. Stipanowich is the William H. Webster Chair in Dispute Resolution and professor of law at Pepperdine Caruso School of Law. He is also the academic director of the Straus Institute. Stipanowich brings a long and distinguished career as a scholar, teacher, and leader in the field along with wide-ranging experience as a commercial and construction mediator, arbitrator, federal court special master, and facilitator. From 2001 until mid-2006, he served as CEO of the International Institute for Conflict Prevention & Resolution (CPR Institute). He has authored two of the leading books on commercial arbitration and many articles on ADR. Recently he coauthored a groundbreaking book and materials entitled Resolving Disputes: Theory, Practice, and Law.

    Denise R. Madigan has been mediating full-time for over 20 years. She entered the field in the early 1980s as associate director for the Harvard-MIT Public Disputes Program at the Program on Negotiation at Harvard Law School. After practicing law at Arnold & Porter in Washington, D.C., she joined the pioneering ADR firm, Endispute, Inc., which later merged with JAMS. Her mediation practice is extraordinarily broad, and includes complex commercial, entertainment, intellectual property, insurance, mass accidents, public entity and health care disputes, among others. In addition to her full-time mediation practice, Madigan has been an adjunct professor at the Straus Institute since 1996. She has designed and/or taught hundreds of tailored negotiation, mediation and other ADR courses for courts, law firms, government agencies, universities, nonprofits and corporations in the United States, Asia, Latin America, and the Middle East. Madigan graduated with honors from Harvard Law School – where she served on the Harvard Law Review – and with a master's degree in public policy from the Kennedy School of Government at Harvard University. Madigan now mediates through MadiganADR, based in Los Angeles.