Negotiation is an essential tool to be learn by any Lawyer.

1. CLINICAL LEGAL EDUCATION: TEACHING
NEGOTIATION SKILLS
By
Dr. Jasper Vikas

2. Clinical Legal Education (CLE)
• Main Purpose of the CLE is to equip students with such skills as is
expected from the Lawyer to play in the society.
• Negotiation and Mediation are such key techniques.
• Many Law students are aspiring future bureaucrats, ministers,
litigative lawyers, corporate lawyers, therefore, negotiation skills act
as a key to the outside world.
• There are many advantages of learning negotiation techniques,
because ,
“it primarily is a common mean of securing one’s expectations from
others. It is a form of communication designed to reach an
agreement when two or more parties have certain interests that
are shared and certain others that are opposed”
Roger Fisher,

3. Negotiation Skills
• Why there is a need for Teaching Negotiation Skills?
Firstly, it is a verbal interactive process.
Secondly, it involves two or more parties, who are
seeking to reach agreement, over a problem or conflict
of interest between them, and in which they seek, as
far as possible, to preserve their interests, but to adjust
their views and positions in the joint effort to achieve
an agreement (M Anstey, Negotiating Conflict, 1991).
Thirdly, it’s important component is dialogue, which is
one of the legal methods of solving the dispute

4. Essentials of Negotiation
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It is a Communication Process.
It resolves conflicts.
It is a voluntary exercise.
It is a non-binding process.
Parties retain control over outcome and
procedure.
• There is possibility of achieving wide ranging
solutions, and of maximising joint gains (M.
Sridhar, Alternative Dispute Resolution, 1997)

5. Phases of Negotiation
• Preparation
Information Collection.
• Opening
Both sides presenting their initial positions to one
another.
• Bargaining
Aims to narrow down the gap between the two initial
positions and persuade the other party to accept less
than they expected since their case is weaker.
• Closing
Capitalisation of the work done.

6. Negotiating Techniques
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Salami
Fait Accompli
Standard Practice
Deadlines
Feinting
Apparent withdrawal
The good guy/bad guy (used in team
negotiations)
• Limited authority

7. Eight Critical Mistakes generally made
during Negotiation
1.
2.
3.
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Inadequate Preparation
Ignoring the give/get principle
Use of intimidating behaviour
Impatience
Loss of temper
Talking too much and listening too little
Arguing instead of influencing
Ignoring conflict

8. Assertive Body Language for
Negotiation Sessions
• Use eye to eye contact (sometimes culturally
inappropriate)
• Hold your body proud but not overbearing.
• It may be appropriate to balance your stance e.g., sit if the other person is sitting, stand if
they’re standing.
• If you feel “frozen” and don’t know what to
do, it may help to walk around, move your
body.

9. Mediation
• Rules are prescribed for this process by Delhi
High Court, etc.
• Endeavour to resolve disputes amicably in the
presence of a third party called Mediator.
• Voluntary, confidential, non-binding.
• Basis of mediation- neutrality, self-determination
and confidentiality.
• To achieve a successful Mediation, one has to be
good in Negotiation Skills.

10. Summary
• Negotiation skill is playing a new level field.
• The contemporary problems both at national
or international level can be solved only
through successful negotiation.
• Therefore, in CLE Courses, substantial stress
should be given to Negotiation skills and
strategies, with the help of simulation
exercises.

11. References
Books
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Menon, N.R.M., “Clinical Legal Education”, First Edition, 1998
Maughan, C., “Lawering Skils and the Legal Process”, Second Edition, 2005
Srudgar, Madabhushi, “Alternative Dispute Resolution: Negotiation and Mediation”, First
Edition, 2007
Anstey M., “Negotiating Conflict”, First Edition, 1991
Articles
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Weinstein Janet, “Teaching Team Work to Law Students" [2013] Journal of Legal Education ,
Volume 63
Hinshaw, Art, “Teaching Negotiation Ethics” [2013] Journal of Legal Education , Volume 63
Meadow, M. C., “Ethics in ADR: The Many "Cs" of Professional Responsibility and Dispute
Resolution”, Georgetown University Law Center, 2001
Meadow, M. C., “From Legal Disputes to Conflict Resolution and Human Problem Solving:
Legal Dispute Resolution in a Multidisciplinary Context”, Georgetown University Law Center,
2004.
Cai, Yanmin, “Global Clinical Legal Education and International Partnerships: A Chinese Legal
Educator’s Perspective”, Maryland Journal of International Law, Volume 26, Issue 1 Article 10,
2013