Berkeley Law, Spring 2015
Negotiations – Law 245, Section 4
Prof. Jasper Kim
Saturdays: 9:30am-4:30pm
(January 24, January 31, February 21, and February 28)
Location: TBA
Contact: [email protected]
Units: 2
Description:
This highly interactive course provides you with both the theory and practice of
negotiation as a strategic process used in transaction planning and dispute
resolution—with both a domestic and international flavor.
Each course session will involve active engagement in a variety of negotiation
simulations (involving role-playing scenarios, case hypotheticals, and experimental
games). In Negotiations, you will have the opportunity to become aware of, discuss,
and apply a wide variety of leading practical, scientific, psychological, and legal
research to add to your ever-evolving negotiation skill-sets.
Through the course’s series of interesting and challenging concepts, strategies, and
simulation scenarios, you will learn, or further expand, your ability to “think like a
negotiator” by leveraging learned skill-sets applying a strategic “negotiator lens.” By
constantly calibrating your negotiation skill-sets throughout this course, you will learn
various strategies on how to get others to want what you want--through persuasion,
sway, and influence underlying your negotiations.
This course will meet at four specific times only: January 24, January 31, February
21, and February 28 (each day falling on a Saturday, 9:30am-4:30pm). The length of
the assignments will reflect the credit requirement. Attendance and participation at all
scheduled classes is mandatory.
Due to the use of simulation exercises throughout the semester and the need to
determine members of the class as soon as possible, the usual provisions of
"Add/Drop" do not apply. All interested students, whether enrolled or on the wait list,
should attend the first session at which time enrollment will be confirmed. Enrolled
students who are not present during the first class may be dropped at the instructor's
discretion. If you attend the first session and are admitted to the class, and you
subsequently decide to drop the class, you must do so before the second class
meeting. Enrollment is limited to 20 students. Due to the limited number of class
sessions (four Saturday sessions, 9:30am-4:30pm), attendance to each session is
critically important. If you have questions, please contact Jasper Kim at
[email protected].
Objectives:
On successful completion of this subject, students will be positioned to:
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Understand how and why conflict arises between people and
organizations, with both a domestic and international flavor
Apply and leverage the main conceptual frameworks related to transaction
planning and conflict resolution within diverse environments--including
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distributive, integrative, and mixed motive negotiation styles
Analyze and synthesize negotiation theories, skill-sets, and studies as
current or future professionals
Recognize both the implicit and explicit biases that may hinder
negotiations, while developing strategies on how to bridge such gap
Develop, and learn to continuously develop, a value-added negotiation
toolbox and confidence as negotiators
Enhance effective communication skill-sets, both verbal and nonverbal,
and develop an empathetic understanding of how and why counterparties
may see things differently from you
Possess an understanding of the nature of disputes and conflict resolution,
including ethical, cultural, economic, psychological, and emotional factors
Required Books:
Getting to Yes, William Ury, Roger Fisher and Bruce Patton (2011)
Bargaining for Advantage, Richard Shell (2nd edition)
Optional Books:
Difficult Conversations, Douglas Stone, Bruce Patton, Sheila Heen, and Roger Fisher
(2010)
Negotiation and Settlement Advocacy, L. Randolph Lowry and Charles Wiggins (2nd
edition)
Materials:
The effectiveness of this course is highly dependent on the confidentiality of its
materials, including the course’s many simulation cases. Please ensure to not share
your confidential materials to any other person or organization at any time, inside or
outside the course.
Assessment:
The course assessment will be based on how you engage, how you perform, and
your willingness and actions that allow you to expand your negotiation skills over the
course. What results you get in the simulated negotiations will not be tracked and will
not be a factor in course grading.
Your grade will be determined as follows:
40% - Class Participation (including attendance, contribution to class discussions,
effective listening in class discussions, and preparation for and level of engagement
in exercises and simulations).
Please be mindful that your preparation for simulated negotiations affects your
classmates. The substantive quality of your preparation is part of your Class
Participation grade. Reviewing materials at the last minute or in a cursory fashion is
not helpful to your fellow students and to the instructor and will impact this part of
your grade. When debriefing and discussing negotiation simulation cases, and
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throughout the course, please be respectful of your fellow peers, and mindful of how
your feedback may be interpreted by others. Note that some or all class sessions
and/or negotiation simulations may be video recorded for educational purposes
related to this course and its participants.
30% - Negotiation “Self-Reflection” Journal (7-10 pages total) consisting of selfreflections and insights regarding your developing negotiation skills. Your SelfReflection Journal for each of the four class sessions should articulate 3-5
themes/concepts/simulations related to each full-day class session. A written
analysis of serious self-reflection, including identification and acknowledgement of
strengths, improvement areas needed, and importantly, your takeaway lessons
gained are important elements for your Self-Reflection Journal. The Journal will be
submitted in two parts. Your Journals for Sessions #1-2 are due on or before
February 21 (Sat, 9:00am PST or before). Your final Journal (combining all course
Sessions #1-4) will be due on or before March 16 (Mon, 9:00am PST).
30% - Final Paper (7-10 pages) that delves more deeply into an actual
negotiation/conflict/transaction that you have chosen as a topic, Importantly, one
critical metric used in evaluating your Final Paper is its incorporation and synthesis of
the course concepts, readings, simulations, and cases. Your Final Paper should
include both subjective and objective elements. Although discretion exists,
subjective elements could include such things as: (i) challenges or advantages faced
as well as your thoughts and feelings of the negotiation process, as a negotiation
specialist; and (ii) your recommendations and thoughts as to how the negotiation
situation could have been improved and created more value towards reaching an
optimal negotiated outcome. Objective elements in your Final Paper could include
such things as (i) the progression of the negotiation session; and (ii) the material
terms and conditions of the final agreement between the parties. If the parties did not
to reach an agreement, then your analysis could include aspects that (i) summarizes
the parties’ final position(s); and (ii) provides a cogent analysis regarding why you
and/or the parties failed to “bridge the gap” in the negotiation scenario. Again as
emphasis, throughout both parts, it is important that you incorporate as many related
course concepts/theories/articles/simulations as possible to your Final Paper (to
demonstrate you have read, understood, and can apply the various course
concepts). Your Final Paper will be due on or before March 16 (Mon, 9:00am PST)
via my email.
For clarity, both your Self-Reflection Journal and Final Paper will be due via my email
on or before March 16 (Mon), with the option to submit either/both assignment(s)
earlier than this date at any time following the last class (but on or before March 16).
For all written assignments, 1-inch margins and 1.5 inch spacing using 12-point
Times New Roman or Arial font should be used.
Instructor Biography:
Jasper Kim is a visiting scholar at Stanford University (2014), former visiting scholar
at Harvard University (Harvard Law School, Korea Institute, 2011-12), professor at
the Graduate School of International Studies at Ewha University (Seoul, South
Korea), and adjunct faculty at the Straus Institute of Dispute Resolution, Pepperdine
University School of Law. Previously, he worked for Barclays Capital, Credit Suisse,
and Lehman Brothers. Jasper Kim is a member of the Washington DC bar, who
received graduate economic training from the London School of Economics (LSE),
graduate legal training from Rutgers University School of Law, and negotiation
training at Harvard Law School’s Program on Negotiation. He has published in
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numerous academic journals, including at Harvard, Columbia, and the London
School of Economics. He is a contributor to various media, including the BBC,
Bloomberg, Christian Science Monitor, CNBC, CNN, NPR, and the Wall Street
Journal (WSJ). He is also the founder of the negotiation consultancy, Asia-Pacific
Global Research Group (asiapacificglobal.com).
Jasper Kim’s previous books include ABA Fundamentals: International Economic
Systems (ABA 2012), and 24 Hours with 24 Lawyers: Profiles in Traditional and NonTraditional Careers (West 2011). His forthcoming book is American Law 101: An
Easy Primer on the U.S. Legal System (ABA 2014).
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COURSE SCHEDULE
Session 1: January 24 (Saturday: 9:30am-4:30pm; lunch break from 12:30pm1:30pm; Total hours (excluding lunch break): 6 hours)
Concepts
What is a “negotiation”?
Why negotiate?
“Success” in negotiations means…?
Does “negotiation strategy” exist?
Bargaining Styles, Distributive Bargaining I: Competitive
bargaining strategies
Cooperate or Betray?: How to strategize on your negotiation
strategy
Negotiation “war games” analyzed – who really “wins”?
Dominant Strategies in PD (Prisoner’s Dilemma) / GPS strategy
Bargaining “battle zones”: (AP, RP, ZOPA, Bargaining Zone, Insult
Zone)
Simulations
Simulation Preparation: (1) Before the 1st class, enter into a
“haggle” transaction (defined broadly by you), and be prepared to
share it with the class; and (2) Complete “Bargaining Styles
Assessment Tool” (Bargaining For Advantage, Appendix A, p.
237-250). Class time will be provided for preparation for today’s
other concepts/simulations.
Pharmaceutical Pricing game: Betray or cooperate? (Price bidding
game between two competing pharmaceutical companies)
- Preparation / Game Participation / De-Brief
Youtube videoclips: Which one is a “negotiation” and why?
Grade Games simulation (applying PD to what grades students
want) - Preparation / Game Participation / De-Brief
Buena Vista Hotel vs. Chosun Supply simulation (involving the
possible purchase of hotel uniforms for a grand opening) Preparation / Participation / De-Brief
Readings
Required Readings (before class): Getting to Yes, Introduction
and p. 1-57 (Don't Bargain Over Positions, Separate People from
the Problem, Focusing on Interests); Bargaining for Advantage, p.
3-39
Optional Reading: Difficult Conversations, p. 1-128 (three
conversations); Negotiation & Settlement Advocacy, Chapters 1
5
(all), 2 (all)
Assignment (after class session): (Journal) Write your initial
thoughts related to the questions presented at the top of this
section, both in terms of your view before and after today’s first
session (why do we negotiate, what is negotiation “success” to
you, what is your view of the “best” negotiation strategy?). No
submission required for next session.
Session 2: January 31 (Saturday: 9:30am-4:30pm; lunch break from 12:30pm1:30pm; Total hours (excluding lunch break): 6 hours)
Concepts
Bargaining Styles, Distributive Bargaining II
Pursuing the Rational Bargainer (Rational Choices)
Emotional vs. Rational Bargaining Behavior
“Fairness” equals what amount? Do partisan perceptions exist?
Does culture matter? Is fairness universal?
Ethical Bargaining: Exploring your ethical boundaries
Bargaining Styles, Integrative Bargaining I: Interest-based
bargaining strategy
Positions (distributive bargaining) vs. Interests (integrative
bargaining)
Creativity Capital: Expanding the Pie
Simulations
Simulation Preparation: Class time will be provided for preparation
for today’s simulations.
The Reality or Faux Reality of Rationality: The Money Bidding
Auction (What would you pay to get paid?) (Applying rational
choice vs. emotional bargaining)
- Preparation / Game Participation / De-Brief
Economists vs. Sociologists: What would you choose?
Lotto ticket or the sure thing? (Stress-testing rational choice theory
related to choice selection)
- Preparation / Game Participation / De-Brief
Life-impacting surgery? (stress-testing rational choice theory
related to choice selection - continued)
Getting to “Fair Value”: Ultimatum Games
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Dictator Games
Trust Games
The Trolley Problem
Ethical Gray Zones?: Williams vs. N.W. Insurance injury case
(relating to a personal injury case) - Preparation / Participation /
De-Brief
Start-Up vs. Large Tech Firm (exploring interests rather than
positions relating to a potential start-up buyout) - Preparation /
Participation / De-Brief
Readings
Required Reading (before class): Getting to Yes, p. 56-95 (Invent
options rather than mutual gain, using objective criteria);
Bargaining for Advantage, p. 40-113
Optional Reading: Difficult Conversations, p. 129-162
(communication); Negotiation & Settlement Advocacy, Chapters 3
(all), 7 (p. 253-272), 16 (p. 589-628)
Assignment (DUE):
- Journal (after class session): Describe your thoughts related to
the money bidding game (Negotiators always or always not acting
rationally, lotto ticket and surgery choices, and whether “fairness” is
universal)
- DUE: Journals for previous Saturday Sessions #1-2 due on or
before February 21 (i.e., Sat class, by 9:00am PST or before via
my email; 3-5 pages total)
Session 3: February 21 (Saturday: 9:30am-4:30pm; lunch break from 12:30pm1:30pm; Total hours (excluding lunch break): 6 hours)
Concepts
Bargaining Styles, Integrative Bargaining II: The 7 Elements and
Beyond
The Psychological Gatekeepers: Communication and
Relationships
The Circle (of Value): Interests, Options, and Legitimacy
The End: Commitment or Alternatives
BATNA / Converting Creativity to (Surplus) Capital
WATNA / The Anti-BATNA
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Likeness Theory
Linkage Strategy
Anchoring / Framing Effect and Strategies
When to Get to “Yes” and When to Say “No”
Simulations
Simulation Preparation: Prepare at home before class for today’s
Bank Merger transaction case
Communication breakdown or opportunity: Tapping game
(choosing 3 songs to communicate to a classmate by tapping)
Bank Merger transaction (involving a potential local bank buyout
by a large multinational): Preparation / Participation / De-Brief
Finding similarities underneath the differences: “5 Likes” Game
Anchoring effect: How much is this house worth? (Pricing and first
offers/bids)
Cross-border Assault case (involving potential pitfalls when
emotion and non-rational choices become involved related to a
crossborder assault case involving multiple parties): Preparation /
Participation / De-Brief
Readings
Required Reading (before class): Getting to Yes, p. 97-145 (what if
they are more power, won’t play, or use dirty tricks?); Bargaining
for Advantage, p. 242-250 (your bargaining style)
Optional Reading: (Lowry & Wiggins): Chapters 4 (p. 106-136), 8
(p. 329-349), 9 (all); Difficult Conversations, p. 163-184 (listening)
Assignment (after class session): Write your thoughts on the
tapping game (your estimates, the counterparty’s estimates,
compared to actual results; surprising or not surprising, and why?).
No submission required for next session.
Session 4: February 28 (Saturday: 9:30am-4:30pm; lunch break from 12:30pm1:30pm; Total hours excluding lunch break): 6 hours)
Concepts
Power in Negotiation / Multi-party Bargaining
Relationships as (Surplus) Capital
Mixed Motives: Negotiations (and how to create value)
Putting It All Together
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Using the Negotiation Preparation Worksheets
REPIVOT Strategy
Peer-to-Peer Review of Simulation Case
Simulations
Simulation Preparation: Prepare at home before class for today’s
GPA v. Teck case
GPA v. Teck (transboundary pollution case involving a private firm,
government regulatory agency, and an indigenous tribe)
- Preparation / Participation / De-Brief
Job Recruitment simulation case (relating to a recruiter and
candidate scenario)
- Preparation / Participation / De-Brief
Readings
Required Reading (before class): Fisher, p. 147-end (wrap-up,
questions related to principled negotiations, dealing with people,
tactics, and power); Bargaining Advantage, p. 175-236
Optional Reading: ((Lowry & Wiggins): Chapters 11 (all), 14 (p.
516-547), Chapter 12 (p. 468-485); Difficult Conversations, p. 185234 (putting it all together);
Assignment: (1) Prepare a 3-5 minute class “TED-type”
presentation about what interested you most in the class and/or a
specific negotiation simulation, as part of Class Participation
(handouts are not required, but can be used if desired); and (2)
(Journal) Describe the process (before, during, and after)you're
your takeaway lessons based on your presentation.
REMINDER OF ASSIGNMENTS DUE: BOTH your (1) SelfReflection Journals (for Sessions #3-4 only) and; (2) Final
Paper are due on or before March 16 (Mon, 9:00am PST or
before via my email)
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