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INTRODUCTION TO NEGOTIATIONLESSON: NegotiationSOURCE: Original Lesson PlanTIME AND DAY TAUGHT: 50 MinutesNumber of Students: Lesson designed for class of 30 studentsMaterials Required: Student Journals GOALSUnderstanding the role that negotiation plays within life and the lawLearn basic components of a negotiationImprove negotiation skillsOBJECTIVESKnowledge Objectives – As a result of this class, students will be better able to:Define negotiation as a legal conceptLearn the process of a negotiation from preparation to settlementUnderstand which types of negotiation tactics work in certain situationsIdentify when the process of a negotiation is neededSkills Objectives – As a result of this class, students will be better able to:Identify the issues that need to be resolved in order to reach an agreementConsider the alternatives to an agreement (BATNA v. WATNA)Ask questions that improve the negotiator’s bargaining positionWork with the opposing party to formulate as many solutions to the problem as possibleAgree upon a deal that works well for both partiesAttitude Objectives – Students will be better able to feelThe negotiation process as a part of their daily livesAn ideal agreement is not always possibleNegotiating can be FUN!CLASSROOM METHODSEntry TaskStudents must use the journals provided to them at the beginning of class to answer the following question:What are the first words or images you associate with the word “negotiation?”What would you most like to learn about the process of negotiating?Small Group DiscussionHave the students form into groups of 4-5Introduce themselves to the groupShare the responses to the Entry Task questionsAppoint a leader to: 1). Introduce the group 2). Collect and report the dataIntroduce negotiation as a concept.Definitions: The process by which people involved in a dispute talk to each other about their problem and try to reach a solution acceptable to all.An interactive communication processIncludes parties with differing interestsThe parties seek toCoordinate their behaviorAnd/or reallocate resourcesTo be better off than their alternativesBrainstorm different situations in which the negotiation process is usedWrite student ideas on the white-board as they come in.Quickly explain the process of a negotiationNegotiators can prepare by thinking through their goals and possible questions to ask to achieve those goals.During a negotiation, it is sometimes useful to withhold some information.Negotiators should always keep in mind the possible alternativesNegotiators should actively predict the other side’s positionNegotiators should never lose sight of goals.Negotiation VocabularyInterestsThe party’s needs underlying a demand (the whys of what is being asked for)AlternativesPossibilities that are available to the negotiating parties which do not require the opponent’s participation or approvalBATNA = Best Alternative to a Negotiated AgreementThe best situation that may happen if you walk away from the negotiation tableWATNA = Worse Alternative to a Negotiated AgreementThe worst situation you are stuck with if you walk away from the negotiation tableSteps of the Negotiation ProcessPreparationEstablish and prioritize your goalsDetermine your:AlternativesResistance point (i.e. bottom line)Information ExchangeDevelop a comfortable atmosphere where you and your negotiation opponent may share and gather information from each otherThis creates the most productive negotiation climateBargainingPlan to resolve negotiation issues based on the parties’ interestsResolutionRestate the final terms to confirm the agreementConsider other options in order to “sweeten” the dealAgreement needs to be:ClearComprehensiveDurableNegotiating in the state of WashingtonSection [2] Preamble to the ABA Model and Washington RPCs:“As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others.”***Unless otherwise instructed, students should follow this guidelineRole-play: Explain to the class that we are having a short negotiation over the sale of a bicycleDivide the class into two groups (1s and 2s)1s will be the seller of the bicycle2s will be the buyer of the bicycleHave the students group together and explain the confidential information to them in preparation for the negotiation. Group 1: Desires a price of $200They are in desperate need of money and need to sell the bicycle today. They have one other offer of $150. The bicycle has some trouble switching between gears.The bicycle is a nasty shade of rusted orange.Group 2:Likes this bicycle and will spend up to $250 for it.Wants to spend as little as possible.Is very skilled at repairing bicycle malfunctions.Has a close friend who paints and gives maintenance for bicycles. Can get a discount of $50 for a new paint job.The teachers will facilitate discussions within the group regarding strategy.Then pair the students to negotiate. Give them about 15 minutes, then debrief using the following questions.EVALUATIONExit TaskHow did the negotiation process develop between you and your opponent?Describe the negotiation tactics and behaviors both you and your opponent used.ASSIGNMENTAssign students to write down their goals, strategies, and questions regarding negotiation.Assign students to negotiate a situation with their parents/guardians that night and come back with a report on how the negotiation went. ................
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