Contract Management and Negotiation: Reaching Agreements Across the Americas

1 unit

This course provides a practical overview of Latin American negotiation and contractual culture, and trains students to become globally oriented attorneys. The course seeks to present how negotiation techniques vary in different cultures and countries with diverse historic backgrounds. The focus primarily will be on the U.S. and Latin America. Through exercises in class, students will practice negotiation skills that are useful particularly when Latin American parties are involved. Students will practice the use of communication as a tool to reach agreements. The course will train students to control and manage situations which occur frequently in negotiations with Latin American parties, and to defuse and redirect unproductive and possibly volatile discussions. Students will learn the importance of confirmation bias and bargaining in transnational negotiations, as well as techniques to mitigate them. The course will analyze contract management across the Americas, explaining terms and conditions that are commonly used in Trans-American contract negotiation. Students will develop the ability to anticipate contractual provisions which could generate conflict. The course will highlight the most common problems faced when dealing with transnational contracts, and promote understanding of negotiation as an Alternative Dispute Resolution process. Students are expected to be prepared for class. Readings will be assigned with enough anticipation. Grade will be determined by class participation (high importance) and a final essay. Laptop computers are permitted in class strictly for academic purposes related to the course. You may not use your phones during our class for any reason. Students who violate the computer or phone use policy may have their semester grades lowered. The course is highly practical, requiring students to actively participate in negotiation exercises in groups designed by the Professor. Grade will be determined by class participation (high importance) and a final essay. There will be a take-home final exam, to be administered the following weekend. The class will be graded on a modified pass/fail basis.