Negotiating for Advantage

Negotiating for Advantage: Techniques for Successful Bargaining
May 20, 2011 - 8:30 am to 4:30 pm
198 McAllister Street, Classroom K
San Francisco, CA  94102
6.5 MCLE credits, 2.5 Ethics credits

Registration

Program

8:30 - 9:00:  Registration and Continental Breakfast

9:00 - 11:45:  Morning Plenary - Negotiation Dynamics:  Playing your Cards Right

This morning session uses a full group participatory exercise to explore the issues of communication, collaboration and competition, implicit messages, trust and trustworthiness.  Participants gain insight into how to communicate clearly, build trust and ongoing relationships, and collaborate while maximizing gain.

Instructors:  Darshan Brach, JD and Professor Melissa Nelken

12:00 - Luncheon Keynote Address:  Professor Clark Freshman - Lie to Me - Science without Attitude:  How to Detect Lies with Compassion and Without Bias  

This presentation introduces the science of universal emotions popularized by the hit TV series, Lie to Me.  Professor Freshman will discuss the science of detecting lies, reaching agreements, and finding happiness - for yourself and your clients.  The presentation will include sample videos from trials and negotiations developed by Professor Freshman at Harvard Business School.

Professor Clark Freshman is a nationally known expert on lie detection and trains lawyers and negotiators worldwide, including such organizations and governmental entities as JAMS Owners, Homeland Security, venture capitalist Peter Thiel's Clarium Capital, private equity firm Vector Capital, and General Electric Oil and Gas.  He teaches negotiation, emotion, and lie detection at Hastings and internationally.  His scholarship has been published in law reviews at Harvard, Stanford, Columbia, UCLA, and elsewhere, and reproduced in three dispute resolution books.

1:30 - 2:45 - Concurrent Sessions

1.      Negotiating Successfully with Different Personalities at the Bargaining Table

This session will look at the different types of bargaining styles and identify techniques for dealing with them.  You will learn to:

• assess the strengths and weaknesses of your approach to bargaining
• identify the style of the person with whom you are negotiating
• improve your understanding of how to deal more effectively with other negotiation approaches

Instructor:  Darshan Brach, JD

2.      Making the Most of Leverage and Actualizing Your Persuasive Powers  

This session will introduce you to the forms and types of leverage and to the power of persuasion.  You'll learn to identify and shift between interests, rights and power conversations and choose influencing strategies appropriate to the moment and the person you wish to persuade.  We will also examine the powerful psychological forces behind most influencing strategies so that you can work with them more effectively.

Instructor:  Jessica Notini, JD

3.      Mastering the Money Dance:  Optimizing Outcomes When Money is the Issue  

While there are many ways to "enlarge the pie" when a deal includes multiple factors and interests, learning to deal with the more narrow and less elastic side of bargaining can be a challenge.  This session offers tips and strategies to improve your success in the "money dance" that is inevitable in most negotiating situations.

Instructor:  John Dean, JD

3:00 - 4:30 - Negotiating the Ethical Shoals:  Misrepresentation and Material Omissions  

We all learned ethics in law school but in the "real world" of lawyering and negotiating, the lines between the ethical and unethical can get murky.  This is even more true when persuasiveness can be undermined by case facts that are not favorable to your position.  What do you do?  What is the difference between "spin" and misrepresentation?  How do you balance your duties as a "zealous advocate" with that of truthfulness?  What facts do you need to disclose and when and how can you disclose without jeopardizing the strength of your case?  This program will explore these thorny ethical issues.

Instructor:  Rochael Soper, JD, Counsel for IDEO LLC

Cost

$195 ($180 if registered by April 30^th)

$165 for government or public interest attorneys ($155 if registered by April 30^th)

Price includes MCLE materials, continental breakfast and lunch  

The O'Brien Center of UC Hastings College of the Law is a State Bar of California approved MCLE provider, and certifies that this activity has been approved for 6.5 hours of MCLE credit, including 2.5 hours for ethics. 

The University of California, Hastings College of the Law subscribes to the Americans with Disabilities Act.  If you need reasonable accommodations to attend the event, please call the Disabilities Accommodations Hotline at 415.565.4848 or email your request to DAH@uchastings.edu no later than 72 hours before the event.