Some important stages might include: (1) initial client interview, (2) negotiation of a retainer agreement, (3) developing good working relationships with counterpart lawyers, (4) conducting factual investigation and/or legal research, (5) working with counterparts to plan the negotiation process, (6) resolving discovery disputes, (7) preparing client for negotiations, (8) conducting an ultimate negotiation, (9) engaging a mediator and mediating the matter, and (10) drafting a settlement agreement. This essay suggests that by using both single-stage and multi-stage simulations, instructors can better prepare students for negotiations that they will actually conduct in practice. These suggestions grow out my book, Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, which provides detailed suggestions for planning and conducting negotiation from the outset of a matter.The essay also includes suggestions for promoting professional behavior by students, debriefing simulations, and designing course requirements. It describes my experiences teaching a negotiation course based on the suggestions in this essay.
John Lande, Teaching Students to Negotiate Like A Lawyer, 39 Wash. U. J.L. & Pol'y 109 (2012)