Fall 2021 FAQs for Students
Who is eligible to participate?
Any student with 30+ credit hours
When will this exercise take place?
Students will have from October 1st through October 30th to complete the negotiation.
Who will I be negotiating with?
This is a one-on-one negotiation. We will pair you with a student from another law school. On October 1st, you will receive your opposing counsel’s contact information along with the relevant pleadings and information from your client.
What type of fact pattern will I be negotiating?
All participants will do a pre-trial negotiation based on an actual pending court case. You will be provided the relevant case pleadings and a short fictitious confidential memo.
How will the negotiation be conducted?
There are no requirements except that you must use email, phone, and video conferencing at lease once. You have the entire month to negotiate and may communicate as many times with your partner as you wish. On average this past semester, students communicated with their partner eight times.
Do I have to draft up the agreement at the end of the exercise?
No. You must simply reach an agreement with your partner by October 30th and then fill out a post-negotiation questionnaire that we will send you.
What happens if my partner and I do not reach an agreement?
Technically, nothing. However, the goal is for this to closely resemble “real-life.” When lawyers represent clients, there is almost always some form of a deadline. Therefore, we suggest doing your absolute best to reach a deal within the allotted time frame.
Is outside research allowed?
No. Please refrain from doing any outside research. We will be providing you with all of the information you need to make an informed settlement decision on behalf of your client.
Must I be enrolled in an ADR class to participate?
No, you do not need to be enrolled in a class. Any student may elect to participate and there is also no pre-requisite that you have any previous negotiation training. This is designed to be a fairly straightforward exercise that any student, regardless of training, can participate in.
Does there need to be a faculty contact/advisor at my school in order for me to participate?
Ideally, yes. We strongly encourage all participants to debrief with an ADR/Negotiation professor following the exercise. If there is no one at your school willing and/or able to do so, please let us know and we will try to pair you with one.