Straus Honors Negotiation

ProfessorMichael Rainey, J.D., LL.M.
Certified Mediator / Arbitrator/ Counselor at Law
Michael Rainey Dispute Resolution Services
16830 Ventura Boulevard
Encino, CA 91436

Weekday Classes at Pepperdine University School of Law at the Malibu Campus

Dates: This is an exemplar.  Professor Paul Fisher is teaching this course Fall-2011

Most classes will be on Wednesday evening from 6-10 pm.  Some classes will be on Saturday

The Honors classes are formal classes to prepare students for ABA Competition in Negotiation and Mediation & Representation.   The students have an opportunity to compete among regional law schools and then, depending upon their success, they can move on to national and international competition.

The classes generally meet on Wednesday evenings at the Pepperdine University School of Law, Malibu.  Honors Negotiation meets in the Fall semester.  The Regional Competition is generally the last weekend in November and the winning teams go on to the National Competition, usually in February of the following year.  Note, this does mean there can be double work and a significant conflict.

Honors Mediation & Representation meets in the Spring semester.  The Regional Competition is generally in mid-February.


Session Date Description
1. Day 1 Course outline
Gifford – discussion/analysis
Problem analysis
Interests: theory, define, how to achieve; priorities for P/D
2. Day 2 Gifford – discussion/analysis
Problem analysis
Potential hot/impasse issues: theory, how to use;
Alternative ways to break impasse; trade offsNote-Students are responsible for self viewing DVD; we will discuss in class
3. Day 3 Gifford – discussion/analysis
Problem analysis
Opening statement; theme: theory, how to use, clearly stating your position/interestsNote-Additional discussion regarding DVD
4. Day 4 Gifford – discussion/analysis
Problem analysis
Questions: theory, how to use
Dry board/flip chart: theory, how to use
Negotiation plan: theory, how to useNote-Students must be prepared to spar on their own.  We strongly suggest four (4) students spar and two (2) or more critique their work
5. Day 5 Gifford – discussion/analysis
Past ABA problem: analysis,
spar; focus: negotiation;
Scoring: theory & practice
Time management: theory, how to use; getting bogged down; rescue routines; 3 time clocksNote– See previous note on sparing
6. Day 6 Gifford – discussion/analysis
DVD: analysis discussion
Past ABA problem: analysis,
spar; focus: negotiation
Control: theory & practice
Mindfulness in negotiation(Handout Riskin article)
7. Day 7 Gifford – discussion/analysis
DVD: analysis discussion
Past ABA problem: analysis,
spar; focus: negotiation
Self critique: theory & practice
8. Day 8 Competition problem: analysis;
Guest expert; review
Mindfulness in negotiation & competition
9. Day 9 (often a Sat) Competition problem: analysis or spar;
tentative Guest expert;
Mindfulness, students give their perspective
10. Day 10 Competition problem: analysis and spar; if not last week, tentative
11. Day 11 (often a Sat) Competition problem: analysis and in class spar
12. Regional Competition Regional Competition in San Diego. CA
13. Day 12 Competition debrief
14. National Competition National Competition Boston, MA