Leadership and Negotiations SPH IH 731 (A1)

BOSTON UNIVERSITY SCHOOL OF PUBLIC HEALTH

FALL

Instructor:
David Javitch
617-638-7796

It is surprisingly difficult to lead, structure, maintain, reinvigorate and negotiate one’s way through organizations, especially during times of downsizing, change, and uncertainty. This course investigates how to do so by drawing on a variety of interdisciplinary approaches. Students enhance their skills in collaborative problem solving and leadership by analyzing and proposing solutions to organizational and managerial challenges. Core topics are drawn from a continuum of current issues facing leaders and followers, such as leadership styles, conflict resolution, and negotiations. Case studies, practical experiential exercises, and self-discovery questionnaires are used throughout this course. Students are required to do a presentation & a research paper. (Monday 6:00-8:45 p.m.)

Negotiations

BOSTON UNIVERSITY (OB 488)

FALL

Instructor:
Moshe Cohen
Department of Organizational Behavior
617-353-4405

This course focuses on the problems and possibilities of effective negotiations, conflict management, and power and influence at work and in other settings. It emphasizes developing both intellectual knowledge of approaches to negotiation, conflict and organizational influences and practical skills in applying that knowledge to various situations. (Tuesday 6:00-9:00 p.m.)

Negotiation and Theory
BOSTON UNIVERSITY LAW SCHOOL

FALL
Instructor:
John David Ferrer
617-353-3115

This course will explore in detail the fundamentals of negotiations and will teach students to apply them to actual life problems. Effective negotiation techniques will be studied and students will work through several problems that will progress in difficulty as the course develops. They will start with two-party one-issue problems, and advance to multi-party, multi-issue disputes. ADR and Mediation will be included as subjects of study, as will variations of these. Both lectures and interactive class participation will be used, with emphasis given to actual roleplays. The classroom will also have a workshop component. The cultural impact on negotiations, litigation risk analysis, and impasse will be dealt with in the class. The objective of the course is to build skills that attorneys need to be proficient in this art, and to enable them to gain insight on how to properly participate in meaningful negotiations in a business and legal environment. Significant attention will be given to Cross cultural negotiations, to enable students to be more effective in negotiating with attorneys from other cultures. A paper will be required at the end of the course.
Class size is limited to 24; class attendance and participation are an important component of the final grade. Students must be willing to make a commitment to participate in all of the negotiation exercises, many of which require substantial preparation outside of class. Students may not register for both Alternative Dispute Resolution and Negotiation and Theory. (Tuesday and Thursday 4:30-6:00 p.m.)

International Business Agreements: Negotiating, Structuring and Drafting (JD959)
BOSTON UNIVERSITY SCHOOL OF LAW

FALL
Instructor:
Virginia Greiman
617-353-3000

This course will provide an overview of the private dimensions of negotiating and drafting international business agreements, and specifically on the contractual aspects. Students will gain hands on experience in structuring, drafting and analyzing various international business agreements and documents including global joint venture agreements and privatization provisions, sales, distribution and franchise agreements, international finance and loan agreements, and technology licensing agreements. The design of the class will assist students in identifying critical legal issues and techniques likely to affect the outcome of international business negotiations including protecting against political, economic and legal risks. Emphasis will be placed on the important differences between international and domestic agreements from the American law perspective. Grades will be based on class participation and a final examination. At the option of the student a research paper on a topic relevant to international business agreements can be submitted in lieu of the final examination. (Thursday 2:10-4:10 p.m.)

Mediation Theory and Practice
BOSTON UNIVERSITY LAW SCHOOL (JD 826)

SPRING
Instructor:
Bette Roth
617-353-8747

This course covers the theory and practice of mediation, the use of mediation to resolve disputes in different legal contexts, and the development of practical mediation skills. We will examine the mediation process, including the roles of the mediator and counsel representing a party in mediation. We will also address dispute resolution clauses, mediator selection, preparing for mediation, and ethical considerations for advocates and mediators. The course will include skill building through inter-active role-plays and others class exercises.

Mediation is part of the legal landscape in every substantive area and legal setting. We will survey many of the areas where mediation is being used effectively to resolve disputes and manage conflicts, including business and commercial, court-connected, federal-state agency (environmental and others), employment/
workplace, family and divorce, school, community, and international.

Due to the inter-active nature of the class, students will be expected to attend all scheduled classes and to participate actively. Active participation includes in-class discussions, mediation role-plays, assigned reading, and maintaining a weekly journal. There will also be a final research paper. Students will have opportunities to act as a mediator, counsel, and a party to mediation. (Wednesday 10:40 a.m. to 1:40 p.m.)

International Business Arbitration
BOSTON UNIVERSITY LAW SCHOOL (JD980)

FALL
Instructor:
William W. Park
617-353-3149

Legal dimensions of international commercial dispute resolution through binding arbitration. Treaty framework for determining validity of arbitration agreement and for recognition and enforcement of arbitral awards (New York Convention, Panama Convention, Washington Convention and Geneva Convention of 1961). Comparative approach (French, English, Swiss, and U.S. legal systems) to the influence of national law on international arbitration. Special status of international commercial arbitration in national law. Major arbitral institutions and rules. State contracts: Act of State and sovereign immunity. Delocalization and the influence of the arbitral seat. Arbitral awards as a contribution to lex mercatoria. Treaty-based investor-state claims. (Monday 2:10-4:10 p.m.)

Alternative Dispute Resolution JD 881 (A1)

BOSTON UNIVERSITY SCHOOL OF LAW

FALL
Ilana Hurwitz
617-353-3142

One of a lawyer’s primary tasks is to resolve disputes. Most controversies are never decided by a court but instead are settled by agreement. The ability to negotiate and mediate effectively is therefore crucial for litigators as well as lawyers practicing in other contexts. This course focuses on the processes of negotiation and mediation, and to a lesser degree on arbitration and dispute resolution design. It uses a mixture of discussion, short lectures, role-playing and video to give students an introduction to the theory and practice of alternative dispute resolution, including how to use these processes effectively on behalf of clients. (Monday and Wednesday: 11:00 a.m.-12:25 p.m.)
Note: Students may not register for both Alternative Dispute Resolution (JD 881) and Negotiation and Theory (JD 921).

Alternative Dispute Resolution - JD 881 (A1)

BOSTON UNIVERSITY SCHOOL OF LAW

FALL
Instructor:
Dwight Golann
617-573-8183

One of a lawyer’s primary tasks is to resolve disputes. Most controversies are never decided by a court but instead are settled by agreement. The ability to negotiate and mediate effectively is therefore crucial for litigators as well as lawyers practicing in other contexts. This course focuses on the processes of negotiation and mediation, and to a lesser degree on arbitration and dispute resolution design. It uses a mixture of discussion, short lectures, role-playing and video to give students an introduction to the theory and practice of alternative dispute resolution, including how to use these processes effectively on behalf of clients. Note: Students will be asked to participate in a complex role-play on a Friday afternoon in late October, in lieu of two regular class meetings. Students may not register for both Alternative Dispute Resolution (JD 881) and Negotiation and Theory (JD 921). (Tuesday and Thursday 10:00-11:15 a.m.)

Advanced Alternative Dispute Resolution
BOSTON UNIVERSITY SCHOOL OF LAW (JD 881 A1)

FALL
Instructor:
Barry Weiner
617-353-3110

This seminar series will offer students the opportunity to actually mediate and arbitrate a specific case through two-party role playing with Mr. Weiner as Judge, Mediator, and Arbitrator. During the course, both sides will consider the advisability of mediation and its timing, and argue arbitrability in the context of a motion to compel arbitration before a court. The objectives of the series are for the students to begin to develop an understanding of the strategic, tactical and legal considerations of mediation and arbitration, and the advocacy skills required in mediating and arbitrating a dispute. Students will be graded on the basis of their written work and classroom performance. There will be no final exam. (Monday 4:20-6:20 p.m.)