FAQs for Students
Who is eligible to participate?
Any student with 30+ credit hours
When will this exercise take place?
Students will have from March 2nd through March 31st to complete the negotiation.
Who will I be negotiating with?
We will pair you with a student from another law school. On March 2nd, you will receive your partner’s contact information along with the relevant pleadings and information from your client.
What type of fact pattern will I be negotiating?
This spring, all participants will do a pre-litigation negotiation based on an actual pending court case. Even if you are not interested in pursuing a litigation career, this will still provide an opportunity for you to practice relevant legal communication skills.
How will the negotiation be conducted?
There are no requirements except that you must use email, phone, and video conferencing at lease once. You do not need to complete the negotiation entirely within those three contacts with your partner. You have the entire month to negotiate and may communicate as many times with your partner as you wish. On average during the fall semester, students communicated with their partner 7.5 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 March 31st and then fill out a post-negotiation questionnaire that we will send you.
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. If you are not enrolled in an ADR class and you would like to sign up, all you need to do is fill out the application.
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.
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.