Negotiation theory and practice for law school final paper



Apply the theories of negotiation to a conflict of your choice. Take the role of a party and develop a strategy for resolving that conflict using the negotiation process. What type of bargaining will you engage in and why? What will be your strategy for your chosen style of bargaining and why? Reference the readings, any other outside sources and classroom presentations as you describe your negotiating strategy. Your paper should be 20 pages in length, double-spaced. 


  1. Increase understanding of the dynamics of negotiation and dispute resolution;
  2. Learn how to develop and employ a strategy for each negotiation;
  3. Enhance ability to manage and control the negotiation and dispute resolution process;
  4. Increase proficiency in both the distributive and integrative bargaining processes;
  5. Learn how to prepare for negotiation; 
  6. Identify strengths and weaknesses in personal negotiating style; 
  7. Improve ability to overcome barriers to negotiation;
  8. Consider the ethical implications of negotiation; 
  9. Learn how to use influence in the negotiation; and
  10. Gain confidence in your negotiation and dispute resolution skills.

Institutional Learning Outcomes

The mission of Pepperdine University is to strengthen students for lives of purpose, service and leadership.  The values expressed in this mission are reflected in Pepperdine’s commitment to several student Institutional Learning Outcomes:  knowledge/scholarship, faith/heritage and community/global understanding.  School of Law Program Learning Outcomes and course Student Learning Outcomes should advance the Pepperdine mission and the University Institutional Learning Outcomes.

Program Learning Objectives:

Professional Skills Apprenticeship (PS2)

Students will demonstrate professional dispute resolution skills, including lawyering skills.

Moral, Ethical, and Professional Apprenticeship (ME1)

Students will demonstrate knowledge and understanding of a dispute resolution professional’s (including lawyer’s) moral, ethical, and professional responsibilities.

Student Learning Outcomes:

Students will be able to:

  • Demonstrate knowledge and understanding of the principles, strategies and tactics of negotiations (PS2);
  • Articulate and apply negotiation theories to a dispute (PS2);
  • Differentiate between ethical and unethical practices in negotiation and identify potential ethical dilemmas and solutions (ME1); and
  • Exhibit the skill and confidence of negotiators, including an awareness of psychological encouragements and barriers to consensus (PS2).

Class Policies

Academic Integrity; Students are reminded of the Honor Code as referenced in the Student Handbook. Intellectual integrity and academic honesty are both the foundation and the goals for this program. Please reference and review the university policies on the responsibilities and penalties regarding academic honesty at:

Class Attendance:  Regular and punctual attendance is REQUIRED.  Missed classes will affect your participation grade and can result in an incomplete, unless excused by the professor. Walking into class late is disruptive, as is leaving early, so please avoid this whenever possible.

Course Withdrawal Students must consult with the professor before withdrawing from the course. Notifying the instructor does not constitute official withdrawal. To withdraw officially, the student must submit either a Drop or a Withdrawal form to the Records Office.

Class Decorum: Turn off (or set on vibrate) all cell phones or mobile devices.  Do not read newspapers, books for other classes, or other outside reading material during class. Professional respect and courtesy for your fellow students is imperative at all times.

Late Assignments:  An assignment that is turned in late is reduced by one-half grade for each portion of a 24-hour period that it is late, unless an extension has been given in advance by the instructor.

Questions Outside of Class:  Questions are welcome before and after class, as well as by telephone and e-mail.

Religious Observance:  Religiously observant students wishing to be absent on holidays that require missing class should notify their professor in writing at the beginning of the term, and should discuss with them, in advance, acceptable ways of making up any work missed because of the absence.

Disability Accommodations:  :

Any student with a documented disability (physical, learning, or psychological) needing academic accommodations should contact the Office of Student Accessibility (Malibu Campus, Tyler Campus Center 264, 310.506.6500, [email protected]) as early in the semester as possible. All discussions will remain confidential. Please visit for additional information.

Required Books & Materials

Charles B. Wiggins & L. Randolph Lowry, Negotiation and Settlement Advocacy: A Book of Readings, (2nd ed. 2005).

Roger Fisher, et al., Getting to Yes (2nd ed. 1991) (This is a very reader-friendly paperback that can be easily be read in two sittings.)  

Additional materials in the form of articles, notes, and role-play problems will be distributed throughout the course.



Percentage of Grade

Application of Negotiation Theories to Conflict Paper


Class Participation


Final grades will be submitted prior to the due date set by Pepperdine University. Please consult with Dr. Lowry directly if you have any questions regarding your progress throughout the class. Letter grades will be assigned according to the percentage of points earned and based on Pepperdine School of Law grading policies.

Class & Assignment Schedule

Reading Assignment to be completed prior to first weekend of classes:

Negotiation and Settlement Advocacy, Chapters 1-3 & 16

Thursday, May 30, 2019

6:00 p.m. – 9:30 p.m.

  1. Course Overview
  2. Class Introductions
  3. Danger & Opportunity of Conflict
  4. Conflict Resolution Continuum
  5. Responses to Conflict
  6. The Negotiation Process

Friday, May 31, 2019

6:00 p.m. – 9:30 p.m.

  1. Making Decisions in the Face of Uncertainty
  2. Managing Mixed Motives
  3. Know the Game Your Playing
  4. Avoid Exploitation

Saturday, June 1, 2019

8:30 a.m. – 4:30 p.m.

  1. The Predictability of Distributive Bargaining
  2. Distributive Bargaining Simulation and Debrief
  3. Opening Offers
  4. Opening Offers Simulation and Debrief
  5. Linkage
  6. Linkage Simulation and Debrief
  7. Anchoring
  8. Ethical Considerations in Distributive Bargaining

Reading assignment to be completed prior to second weekend of classes:

Negotiation and Settlement Advocacy, Chapters 4 & 11

Getting to Yes

Thursday, June 6, 2019

6:00 p.m. – 9:30 p.m.

  1. Introduction of Integrative Bargaining
  2. Identifying Issues and Interests
  3. Integrative Bargaining Simulation & Debrief

Friday, June 7, 2019

6:00 p.m. – 9:30 p.m.

  1. Using the Creativity of Integrative Bargaining
  2. Creativity Simulation and Debrief
  3. Ethical Considerations in Integrative Bargaining
  4. Benefits of Good Relationships
  5. The Negotiation Planning Instrument
  6. Simulation and Debrief

Saturday, June 8, 2019

8:30 a.m. – 4:30 p.m.

  1. The Use of Power in Negotiation
  2. Simulation and Debrief
  3. The Use of Tactics in Negotiation
  4. The Use of Influence in Negotiation
  5. The Satisfaction Triangle

Writing Assignment

Apply the theories of negotiation to a conflict of your choice. Take the role of a party and develop a strategy for resolving that conflict using the negotiation process. What type of bargaining will you engage in and why? What will be your strategy for your chosen style of bargaining and why? Reference the readings, any other outside sources and classroom presentations as you describe your negotiating strategy. Your paper should be 20 pages in length, double-spaced. 

THE FINAL ASSIGNMENT IS TO BE SUBMITTED DIRECTLY TO TURNITIN BY 5:00 P.M. (PST) ON MONDAY, JULY 1, 2019 (Please see the Turnitin memo that’s been posted on TWEN.)


Requesting Emergency Extensions on Final Assignments

All class assignments should be submitted on or before the assigned due date. If an emergency arises and you are unable to submit a final assignment by the due date, it is essential that you request an extension before the assignment is due. If the emergency is such that you cannot request the extension before the assignment is due, the request needs to be made as soon as you are able. Your professor cannot grant an extension.You must follow the procedure outlined below:

Using your Pepperdine email send Deborah Jasmin ([email protected]) an email with the following information: 

In the subject line – Extension Request – (Term/Year).

In the body of the email please list:

  • Class Name/ Professor
  • Final Exam Number
  • Reason for the Extension Request and Relevant Documentation

If you are a JD student, your request for an extension will be sent to the Academic Dean for approval. If you are not a JD student, your request will be handled by the Straus Administration. Once a decision has been made regarding your extension request you will be notified via email. Please note that grade penalties may apply for extensions depending on the circumstances. You should also assume that your anonymity will be lost unless the extension is only for a very short time period. In no event will an extension be granted that extends beyond the end of the subsequent semester. Students with courses not completed by the end of the subsequent semester will receive a “W” and will need to retake those units. 

When you are ready to submit your paper, you must contact the Straus office so the page for that course can be reopened. All final papers must be submitted directly through by the student; the Straus staff will not submit final papers on behalf of students.

You must also contact the Straus office once the paper has been successfully submitted to If the Straus office is not notified that the paper has been submitted, we will not know it is there and the paper will not be sent to the professor for grading.


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