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Dec 04, 2024
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LAW - 5152 Interviewing, Counseling, & Negotiation(2 hours)
Effective interviewing, counseling and negotiating requires more than just getting in there and doing it. Each step in the process requires a carefully crafted plan and the execution of that plan. The three-stage interview model that will be studied begins by putting the client at ease, then focuses on developing the facts and feelings (the client’s story, the expansions of the client’s story, and the verification of the client’s story), and ends with a closure step (attorney’s decision to take the case, explanation of fees, client’s decision to have the attorney take the case, division of responsibilities, and establishment of deadlines). The counseling model involves the development of alternative methods of dispute resolution, the explanation of the consequences of each method, and the creation of probing questions that focus the client on the consequences. The goal is active participation of the client so the process is “client-centered decision making.” Two negotiation strategies will be explored: adversarial negotiation and cooperative negotiation. In adversarial negotiation each party attempts to persuade the other to change his or her position and accept the other’s position. In cooperative negotiation (principled negotiation), the parties identify the problem, identify and discuss their respective interests, and identify and evaluation various solutions against their interests. This course combines theory and skills training. Students are expected to participate in classroom demonstrations and out of class exercises. Each student will be videotaped (and critiqued) on an interview, a counseling session, and a negotiation. Grades will be based on class attendance, class participation, and a filmed interview, counseling session, and negotiation. Enrollment limited to 16 students.
Special: Skills Certificates: HLC
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