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259 Special Lecture and Seminar (Foreign Law Special Seminar II) 特別講義演習(外国法特別演習Ⅱ)

[Lecture Course Basic Information]

Lecturer: Fujimoto
Other Lecturers: Vicki Beyer (Hitotsubashi U) and Mattew Wilson (U of Akron, Missouri Western State U)
Course Type: Seminar
Semester: Summer Intensive
Year: 2019
Course Periods: 7/29-8/2,7 ALEP Lecture room 2
Credits: 1
Whether mandatory or not: Not
Classroom: ALEP-Lecture room 2

 

Outline of Lecture Course In today’s global marketplace, legal negotiations conducted by individuals in the context of
international business, government matters, and dispute resolution are increasingly important.
Negotiation is the process by which two or more parties overcome competing interests, needs,
and desires to resolve a particular problem. In the field of law, every lawyer negotiates
whether it relates to commercial agreements, business relationships, real estate transactions,
employment concerns, intellectual property, finance, dispute resolution (litigation/arbitration),
governmental affairs, or other matters. One does not have to be a lawyer to negotiate though.
Corporate workers, contract manager, governmental staff, and others negotiate on a daily
basis. However, many people negotiate without sufficiently understanding the skills,
strategies, approaches, and choices necessary to succeed. This course is designed to enhance
your understanding of negotiations in an international context. More specifically, it is
intended to teach you about the theory and practice of (1) international business negotiations,
(2) international contracting, and (3) dispute settlement.
Course Objectives

The course takes both a practical and theoretical approach to negotiating in an international
business context. This means that you will have the opportunity to listen to lectures and
participate in active class discussion as well as take part in several supervised mock
negotiation exercises. It is my goal to have you accomplish the following:

1. Gain an understanding about the various models of negotiation, and learn to know
which models are appropriate to apply in cross-border situations.
2. Learn how to strategically plan for a legal negotiation in an international commercial
context in consideration of the needs, interests, objectives of your potential clients as
well as the other parties to the negotiation.
3. Learn how to “create value” and “solve problems” in both transactional and dispute
negotiation settings.
4. Consider the role of law and legal problem solving methods as they relate to
negotiations.
5. Discover more about the art of drafting contracts involving multinational or foreign
parties.
6. Acquire an appreciation of the difficulties posed to successful negotiations by
different cultures, language, and communication habits.
7. Learn to communicate more effectively with others (clients, principals, other
negotiators, colleagues).
8. Consider the ethics of negotiation and how to make appropriate choices.
9. Understand the differences between two-party and multi-party negotiations.
10. Gain a greater understanding of the practical challenges faced when negotiating
international contracts or resolving international commercial disputes.
11. Acquire actual experience through multiple supervised mock negotiations. In this
course, you will have the opportunity to perform, self-evaluate your performance, and
receive feedback on your performance from the instructor.

Textbooks TBA
Course Materials/Supplementaries TBA
Assessment Letter grades will be given for this course. The grading will be based on a final simulated
negotiation (30%), in-class negotiation exercises/class participation (50%), and final quiz
(20%).
Prerequisites

Instructions for Out-of-Class Study *
Responding to Student Questions *
Other Notes

Updated Class Schedule is in Announce menu.

 

 

Lecture Theme Lecture Course Description Learning outside the class Related page
1 INTRODUCTION TO COURSE (35 min.) - Introduction to Business Negotiations
- The Law of Negotiations
- Role of a Negotiator (Wilson, Fujimoto)
2
GUEST SPEAKER (90 min.)

TBA

3 BASICS OF INTERNATIONAL NEGOTIATIONS (75 min.) - Object of negotiations and simulated negotiation
- Goals, techniques, and strategies in international negotiations (Wilson)
4 PREPARATIONS: IMPACT OF CULTURE (75 min. - Differences between domestic and cross-border negotiations
- Importance of developing relationships
- Role of culture and integration of cultural understanding into negotiations (Wilson)
5 PREPARATIONS: STRATEGIC PLANNING AND LOGISTICS (75 min.) - Impact of Culture continued
- Strategic planning and processes in international negotiations
- Logistical preparations (Wilson)
6 PREPARATIONS: NEGOTIATION &COMMUNICATION FUNDAMENTALS (75 min.) - Questioning techniques
- Communication through actions (Wilson)
7 NEGOTIATION APPROACHES AND STRATEGIES (75 min.) - Use of technology and cross-border negotiations (e-mail, Skype, etc.)
- Time, tools, and resources
- Protecting yourself (Wilson)
8
NEGOTIATION APPROACHES AND STRATEGIES (75 min.)
- Communication fundamentals
- Negotiation strategies and approaches (Wilson)
9 NEGOTIATION APPROACHES AND STRATEGIES CONTINUED (75 min.) - Negotiation approaches
- Negotiation planning (Wilson)
10 SIMULATED NEGOTIATION (75 min.) (Wilson)
11
12
13
14
15

※Students who wish to enroll as a member should access the URL below.
Log in using the Nagoya University ID and password, and click on "Enroll in Course".

https://canvas.law.nagoya-u.ac.jp/enroll/HJPCRJ

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