Marquette Law School Negotiations Workshop 2022

Course Overview (PDF)

Last Class Assignments


FINAL SUBMISSION-Due Date December 13th

Class 15 Reading Assignments

Herman, Becoming a Better Negotiator

Herman, The End Game

Schell, Chapter 10 and Conclusion

FINAL SUBMISSION-Due Date December 13th

Class 13 Reading Assignments

Reading Assignments:

Schneider, Chapter 11

“Getting to Yes”, Question 6

Herman, Gender and Negotiations

Herman, Negotiating Their Differences

Mayes, Cultural Awareness

Post Class 12 Submission- Mediators Only

NEW Probate Part 2 Scenario

Viewing Assignment:

“A Marriage Story” (available on Netflix)

Class 12 Reading Assignments

Schell, Chapter 12

Schneider, Chapter 12

*Post Class 11 Submission- Mediators Only

Post class submission

Gray v. Eggert

Model Standards of Conduct for Mediators

Kindregan, The Ethics of Settlement…

Herman, Ethical Considerations

Mayes, Mediator Standards…

Class 11 Reading Assignments

Class 11 Exercise Basic Facts

Schell, Chapter 11

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

Law Firm vs. Associate Attorney

Dealing with Difficult Behaviors

Recognizing and Confronting the Intimidating Negotiator

Class 10 Reading Assignments

Post Class 9 Submission- Mediators Only

Herman, Game Theory-Advanced

Herman, Divorce Settlements and Game Theory

Herman, Math Games and Collaborative Law

Class 9 Reading Assignments

“Fitting the Forum to the Family Fuss” Lande and Herman

“Collaborative Divorce: A Short Overview” Herman

“ADR and Family Law” Herman

Wisconsin Stats. 802.12

Post Class 8 Submission- MEDIATORS ONLY (instructions given in class)

Class 8 Reading Assignments

“Negotiation” Chapters 8 and 9

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

Herman, Chapter 11, Negotiating with Opposing Counsel

Divorce Scenario

DeCecco, Dealing with the Difficult Lawyer During Negotiations

Babbitt, Practicing Family Law Against a Friend

Samuels, Getting Past the Posturing Counsel to the Reasonable Client

Albano, Keeping Book on Opposing Counsel 

Class 7 Reading Assignments


Schell, Chapter 5

Mayes, “What is Mediation”

Part 1
Part 2
Part 3

Herman, “The Mediator Will See You Now”

Herman, “Zoom, Zoom, Zoom”

“Legal Information vs. Advise”

“20 Characteristics of Successful Mediators”

Class 6 Reading Assignments

Class 5 Reading Assignments

Schell, Chapter 8

Herman, Chapter 9, “Disclosure”

Post Class Submission

Class 4 Reading Assignments

Schell, Chapter 7

Schneider, Chapter 4

Herman, “Preparing the Client for Settlement”

Goodman, “Preparing the Client for Settlement”

Post Class 3 Submission

Class 3 Reading Assignments

Schell, Chapter 9

Herman, “Timing”

Sheresky, “It’s Never too Late to Negotiate”

Lande, “Planned Early Negotiations”

Sullivan, “Time Problems”

Eviction Scenario Exercise

Class 2 Reading Assignments

Schell, Chapter 1 and Appendix A

Class 1 Reading Assignments

“Getting to Yes”, Chapter 4
“Getting to Yes”, Chapter 6 (BATNA)
“Seven Elements of Effective Negotiations” (PDF)
“Conflict Dynamics” (PDF)


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