Negotiation

Morning Session: Understanding Negotiation Dynamics
The session will begin with an exploration of the conflicts that commonly arise in negotiations and the key elements that influence both the process and outcomes. You will examine:

• The essential ingredients of negotiation
• Where, when, and how negotiations occur
• The impact of individual negotiation styles
• Strategies for improving negotiation effectiveness

Afternoon Session: Structure and Strategy
The group will analyze negotiation structures from two key perspectives: the terminology and strategies used in theory and practice, and the seven essential steps of negotiation—along with the potential consequences of omitting any of them. You will apply these frameworks in a hands-on negotiation exercise, assessing different strategies and evaluating your own negotiation style. The day will conclude with a guest speaker discussion on negotiating with Indigenous communities.

Morning Session: The Role of Stakeholders and Context
This session will focus on how stakeholders and broader contextual factors shape negotiations. Through a one-on-one simulation, you will refine your ability to adapt negotiation strategies to different settings and stakeholder dynamics.

Afternoon Session: Cultural and Power Dynamics in Negotiation
The session will examine how culture, gender, personality, and power influence negotiation approaches. Key discussion points include:

• How culture and gender shape negotiation dynamics
• The role of personality in negotiation styles
• Strategies for managing power imbalances at the table

Morning Session: Advocating for a Client or Organization
The session will shift focus to representative negotiation, providing you with the skills needed to effectively advocate on behalf of a client or organization. You will develop strategies for:

• Interviewing and preparing the client
• Defining the client’s role in negotiation
• Communicating effectively and managing instructions before and during the negotiation

You will apply these skills in a simulated negotiation exercise, followed by a discussion with guest faculty on lessons learned from real-world cases.

Afternoon Session: Ethics and Professional Responsibilities
The group will explore ethical and legal considerations in negotiation, including:

• The spectrum of truthfulness in negotiations
• Ethical obligations under professional Rules and Codes
• Responsibilities when communicating with parties, counsel, mediators, and courts
• Recognizing and managing conflicts of interest

Morning Session: The Psychology of Negotiation
This session will examine the psychological factors that influence negotiation, including:

• The neuroscience behind decision-making
• Understanding and adapting your own negotiation style
• Recognizing the other party’s approach and adjusting accordingly

The session will also introduce advanced negotiation techniques, such as:

• Reframing discussions to shift perspectives
• Using caucuses and breaks strategically
• Building and managing a negotiation team
• Reading and interpreting non-verbal cues

You will also discuss the growing role of technology in negotiations, exploring best practices for online and email-based negotiations and the ethical considerations involved.

Afternoon Session: Trust, Apology, and Virtual Negotiation
You will apply the morning’s concepts in a role-play focused on negotiation nuances and online negotiation strategies. A guest faculty-led discussion will explore:

• How to build and maintain trust in negotiations
• Strategies to regain trust when discussions break down
• The role of apology in negotiation and conflict resolution

Morning & Afternoon Sessions: Putting It All Together
The final day is dedicated to a complex, multiparty negotiation exercise, where you will work in teams with assigned coaches providing feedback at key stages. This hands-on experience will reinforce the full range of skills covered throughout the program.
Following the exercise, the group will reconvene to discuss lessons learned. The program will conclude with a review of key takeaways, checklists, and other practical resources to support your future negotiations.

Finding Common Ground

• Bridging the space between s.35 law and Indigenous legal systems
• Balancing expectations
• Identifying and addressing interests

Concluding Consultation

• How to determine if consultation is adequate
• Best practices for wrapping up consultation processes
• What happens when there is no consensus?

Challenging the Sufficiency of Consultation

• Judicial Review
• Standard of review
• Relief and remedies
• Use of FOI requests
• Next/additional steps when an agreement isn’t reached

Small Group Workshops (tentatively scheduled for 2:30 -4:45 pm ET)
These workshops will be an opportunity to engage more deeply with the issues and subject matter.

Participation in a workshop (live, at the scheduled time) is a requirement for the certificate. The workshops will not be recorded and will not be available any other time. Registrants can participate in either in person or live online.