Good Stuff Happens in 1:1 Meetings: Why you need them and how to do them well
2015-01-22 Negotiating & ADR Skills - Session 1
1. Negotiations in
Alternative Dispute Resolution
Mike Daisley –Adjunct Professor
Session 1 – General Overview & Course Objectives
• Overview of the Class – Expectations, and a few ground rules…
• Who we are/Why we are here…
• Overview of the Importance of Negotiating in Civil Litigation
3. A few ground rules…
• Your personal journal
• Emailed to mdaisley@charlottelaw.edu
• DUE BEFORE THE NEXT CLASS. (Not accepted if not
sent before the class session after that.)
• Form – Send as an attachment (Word or PDF) and entitled…
“Journal # X – LASTNAME, Firstname”
4. A few ground rules…
• Class participation
• Important to the class – (Important to your grade!)
• AGREEMENT IS NOT REQUIRED!
• …intelligent, civil discourse is.
• Better to be thought a fool, than to speak without
thought and remove all doubt.
• (…but that should NOT be a problem for each of
you.)
5. A few ground rules…
• Simulation role play – class exercises
• Probably the most enjoyable aspect of the
class
• Essential to "get into" your role
• Just as essential to not "over-do" it
6. A few ground rules…
• Class presentation
• 8-10 minutes
• Topic – flexible, BUT has to "advance the ball"
• Powerpoint – helpful but not necessary
One of the highest grades went to a newsletter.
The highest had no visual.
7. Grading
Your grade in the course will be broken down as follows:
General Class Participation and Professionalism (Instructor) 25%
In-Class Simulation Exercises and Role Play 20%
Class Presentation (Instructor) 20%
Class Presentation (Class)* 10%
Class Journal 25%
*Students will be asked to give a fair assessment of themselves, and of their fellow students. (We
will a small class, and we all have a responsibility to help everyone in the class maximize their
learning experiences.) The instructor will collect these assessments and calculate them for 10%
of a student’s grade.
8. A few ground rules…
• THE MOST IMPORTANT…
• Always respect* the Professor.
10. A few ground rules…
• THE (really) MOST IMPORTANT…
• …Think like the lawyer/professional you
expect to be.
11. Your mission,
should decide to accept it…
• To provide you with the knowledge to counsel
clients/colleagues regarding various means of
resolving disputes, and in that process, to
enhance your skills to represent them and
negotiate for them the best (or least bad) result.
13. Looking back, looking ahead…
• Why are you in this class?
• Where do you want to be a year from now?
• …five years from now?
• …Why is this a little like Jury Selection?
18. “Good lawyers perform an important
screening function…”
• HOW?
• The FACTS
• Discovery –“It ain’t what happened; it’s what you can SHOW happened!”
• The Requirements of the Law
• What’s the harm? (aka Damages)
• Caused by the “illegal” act or omission? (Latin phrases and crowing
roosters)
• Whose gonna pay?
• Who’s going to pay…in the meantime?
• The CLIENT’S best interests… “the issues…and the real issues”
19. Daisley’s Three-Legged Stool
• A viable legal wrong, supported by
provable facts
•Demonstrable damages CAUSED by
those facts
•A source from which to collect
26. Next week…
• Session 2 – Introduction to Mediation; An overview of the laws and rules
governing mediation practice, recent developments and history (including
mandatory mediation in many jurisdictions),and a description of the
mediation exercises in the next two sessions.
• NCCourts.org
• www.ncdrc.org
• REVISED RULES IMPLEMENTING STATEWIDE MEDIATED
SETTLEMENT CONFERENCES AND OTHER SETTLEMENT
PROCEDURES IN SUPERIOR COURT CIVIL ACTIONS.
N.C.Gen. Stat. 7A-38.1
