Marquette Law School Negotiations Workshop 2021

Course Overview (PDF)


Class Fourteen Reading Assignments


Herman, Becoming a Better Negotiator

Herman, The End Game

Schell, Chapter 10


Class Thirteen Reading Assignments

Please provide 1-3 questions which you would like to see presented to the guest speakers next week.

Please respond before Monday.

Class Twelve Reading Assignments

Herman, Gender and Negotiations

Herman, Negotiating Their Differences

Mayes, Cultural Awareness

“Getting to Yes”, Question 6

Schneider, Chapter 11

Viewing Assignment: “A Marriage Story” (available on Netflix)

Class Eleven Reading Assignments

Class 11 Probate Mediation Scenario

Gray v. Eggert

Herman, Ethical Considerations

Kindregan, The Ethics of Settlement…

Mayes, Mediator Standards

Model Standards of Conduct for Mediators

Submission for Class 10

Schell, Chapter 12

Schneider, Chapter 12

Class Ten Reading Assignments

Post Class 9 Submission

Class 10 Slip and Fall Scenario

Dealing with Difficult Behaviors

Recognizing and Confronting the Intimidating Negotiator

Getting to Yes, Chapter III.8 and Question 5 on page 163 (negotiating with Hitler)

Schell, Chapter 11

Class Nine Reading Assignments

Herman, Divorce Settlements and Game Theory

Herman, Game Theory-Advanced

Herman, Math Games and Collaborative Law

Class Eight Reading Assignments

Divorce Scenario

Herman, ADR and Family Law

Herman, Collaborative Divorce- A Short Overview

Lande Herman, Fitting the Forum to the Family Fuss

Wisconsin Stats. 802.12

Class Seven Reading Assignments

Albano, Keeping Book on Opposing Counsel

Babbitt, Practicing Family Law Against a Friend

DeCecco, Dealing with the Difficult Lawyer During Negotiations

Herman, Chapter 11, Negotiating with Opposing Counsel

Samuels, Getting Past the Posturing Counsel to the Reasonable Client

“Negotiation” Chapters 8 and 9

“Getting to Yes” Chapters II,2 and II,3 and Questions 4 and 5

Class Six Reading Assignments

Legal Information vs. Advice

Herman, Zoom, Zoom, Zoom

20 Characteristics of Successful Mediators

Herman, The Mediator Will see You Now

Post Class 5 Submission

Mayes, What is Mediation, part one

Mayes, What is Mediation, part two

Mayes, What is Mediation, part three

Schell, Chapter 5

Gray v. Eggert, 2001 WI App 246, 248 Wis. 2d 99, 635 N.W.2d 667

Class Five Reading Assignments

Herman, Chapter 17, Mediation

Herman, The Magic of Mediation

Herman, Five Dangers to Avoid in Mediation


Ravdin, Settlement Through Mediation

Schneider, Chapter 16

Lee v. Geico Indemnity Co. et al, 2009 WI App 168

Wisconsin Statute 904.085

Class Four Reading Assignments


Herman, Chapter 9, Disclosure

Schell, Chapter 8

OLR v. Zapf, 2019 WI 83

Class Three Reading Assignments

Goodman, Preparing the Client for Settlement (PDF)

Herman, Chapter 7, Preparing the Client for Settlement (PDF)

Schell, Chapter 7

Schneider, Chapter 4

Class Two Reading Assignments

Schell, Chapter 9

It’s Never to Late to Negotiate (PDF)

Planned Early Negotiations (PDF)

Time Problems (PDF)

Timing (PDF)

Class One Reading Assignments

“Getting to Yes”, chapter 4

“Getting to Yes”, chapter 6

Seven Elements of Effective Negotiations (PDF)

Conflict Dynamics (PDF)

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