The Osgoode Certificate in Negotiation

Transcription

1 Get better results for your client or employer by learning what works, what doesn t and why The Osgoode Certificate in Negotiation An interactive learn-by-doing program devised by the Directors of Osgoode s Professional LLM in Alternative Dispute Resolution This program was without doubt the most informative, interesting and effective course that I have ever taken in any area of endeavour Mark Ansara, Executive Director Timmins Temiskaming Community Legal Clinic (2012) Spring Days Toronto, Canada Osgoode Professional Development has been approved as an Accredited Provider of Professionalism Content by The Law Society of Upper Canada. LSUC (ON) CPD: CPD Hours (29.25 Substantive, 3.5 Professionalism)

2 Program Details Dates Day 1 Understanding Negotiation: The Basic Ingredients and the Process April 28, 2014 Day 2 Advanced Negotiation: Taking Your Negotiation Skills to the Next Level April 29, 2014 Day 3 Overcoming Obstacles: Why Negotiations Fail and What You Can Do About It April 30, 2014 Day 4 Working with Clients: The Challenges in Representative Negotiation May 1, 2014 Day 5 Negotiation Exercise May 2, 2014 The program will be held at Osgoode Professional Development s Downtown Toronto Conference Centre. This program is one of the best things I ve done professionally since my call to the Bar in 1976 Anthony T. Keller Keller Morrison LLP Why You Should Attend Whether you are doing deals or resolving confl icts, effective negotiation skills are essential for success as a practising lawyer, business person or other professional. Understanding and developing these skills is even more critical in today s increasingly complex, fast-paced working environments. In this intensive, fi ve-day Osgoode certifi cate program, now in its third year, you will learn to develop your negotiation skills in an organized, thoughtful and practical way. You will learn to identify and make the most of the critical moments that defi ne the path of a negotiation and pose the greatest challenges for all negotiators. Led by Professors Trevor Farrow and Leslie Macleod, the program draws on the expertise and experience of leading negotiation scholars, practitioners and judges. They will take you beyond basic getting to yes principles by learning how to handle the obstacles that prevent agreement. Don t miss this opportunity and register now. Space is strictly limited to ensure hands-on learning and feedback. Key Benefits: What You Will Learn What are the implications of your individual negotiation style? Dissecting negotiation: the anatomy of the process The seven essential steps in negotiation, and the consequences of missing any one of them Defining negotiation success How you can improve your success rate Developing negotiation skills: strategy development skills; communication skills; creativity skills; assessment skills; drafting skills Redirecting negotiation through reframing Building and managing a negotiating team Overcoming obstacles: strategies for avoiding traps and phenomena that lead to impasse Key questions for negotiators Working with clients: the challenges in representative negotiation Three special circumstances in which negotiations occur: negotiating with the mediator; negotiating with government; negotiating in the shadow of the court Negotiating challenges that arise in specific practice areas

3 THE OSGOODE CERTIFICATE IN NEGOTIATION You will get intensive training in negotiation theory and practice in a dynamic, hands-on environment, participate in simulated negotiation exercises, watch leading experts demonstrate effective negotiation practice and engage in discussions with faculty and participants. THE CURRICULUM DAY 1 April 28, 2014, 9:00 a.m. 4:30 p.m. DAY 2 April 29, 2014, 9:00 a.m. 4:30 p.m. Understanding Negotiation: The Basic Ingredients and the Process Starting with a brief look at the kinds of conflicts that typically underlie negotiations, the program then examines what goes into the mix of negotiations and the effect of each of the ingredients on the negotiation process and on the outcomes that flow from negotiations. The following questions will be addressed: What are the key ingredients of negotiation? When, where and how do negotiations occur? What are the implications of your individual negotiation style? How can the effectiveness of negotiations be improved? The structure of negotiations will be examined from two principal perspectives: The terminology used in theory and practice to describe key aspects of the negotiation process and negotiation strategies; and The seven essential steps in a negotiation, and the consequences of missing any one of them. You will also have the opportunity to put theory into practice through a simulated negotiation. Who Should Attend Lawyers who negotiate Other professionals who negotiate on behalf of clients (individual, corporate and/or government clients) Senior management/executives in the public and private sectors Advanced Negotiation: Taking Your Negotiation Skills to the Next Level With the models of negotiation in hand, the morning session focuses on execution: how to use the seven essential steps to obtain superior results. Questions to be canvassed include: How is negotiation success defined? What distinguishes the best negotiators from average negotiators? How can you improve your success rate? This session will also concentrate on skills, and in particular: Preparation skills, including the client interview Strategy development skills, such as how to select and implement an effective negotiation strategy Communication skills, both with your client and those across the table Creativity skills, at the table and in caucus Assessment skills, which include when and how to react to an emerging agreement Drafting skills, including Minutes of Settlement More advanced negotiating skills will be examined, including: Redirecting the negotiation through reframing Using caucuses and breaks effectively Building and managing a negotiating team Reading and interpreting non-verbal clues Day Two concludes with a presentation and discussion on managing the tension between creating and claiming value (the co-operative and competitive approaches to negotiation); empathy and assertiveness; and the interests of the client and the negotiator. A truly great program and a necessary foundation for every person in a management or supervisory position Claudio Ruiz-Pilarte The Centre for Spanish Speaking Peoples Osgoode Professional Development, 2014 Register online today at

4 DAY 3 April 30, 2014, 9:00 a.m. 4:30 p.m. Day 4: Working with Clients (cont d) Overcoming Obstacles: Why Negotiations Fail and What You Can Do About It Not all negotiations lead to agreement. Sometimes it is because the available agreements are less attractive than no agreement. More often it is because the negotiators failed to understand and avoid the pitfalls that lead to failure. This module will explain and demonstrate why good agreements often elude negotiators; and offer a number of strategies for avoiding the traps and phenomena that lead to impasse, such as: The rationality trap The sunk cost trap The irrational escalation trap In addition, the morning session will also look at: The phenomena of reactive devaluation, optimism bias, risk aversion, the jackpot syndrome, and attribution theory The second half of the module will explore three key questions for negotiators: Do culture and gender make a difference? What role does personality play in how people negotiate? What is appropriate, ethical and legal behaviour? DAY 4 May 1, 2014, 9:00 a.m. 4:30 p.m. Working with Clients: The Challenges in Representative Negotiation The importance of thorough preparation for negotiation cannot be overstated. Building on the steps and skills covered in earlier sessions, this module focuses on critical components of preparation as between counsel and clients. These include: Interviewing the client Defining the role of the client in negotiation Preparing your client for negotiation Obtaining instructions before and during the negotiation Addressing communication and other issues that arise Participants will have the opportunity to practise their skills and observe others through the use of simulated fact scenarios. The second half of the module addresses three special circumstances in which negotiations occur: Negotiating with the mediator Negotiating with government (politicians and public servants) Negotiating in the shadow of the court (including settlement conferences) Later in the afternoon, participants will be divided into groups to meet with leading practitioners and/or scholars, who will facilitate discussions about negotiation challenges that arise in specific practice areas. This will provide an opportunity to raise questions and engage in lively discussions about contemporary issues that influence negotiations. Each small group will share its Top 10 tips in a wrap up discussion. DAY 5 May 2, :00 a.m. 4:30 p.m. Full Day Negotiation Exercise The final day of the program will be devoted to negotiating a complex, multi-party fact situation. Each negotiating group will have an assigned coach, who will provide constructive feedback at designated steps of the negotiation process. Participants will hone the numerous skills that are essential to effective negotiating. The negotiation exercise will continue into the afternoon. Following the group negotiations, the full class will reconvene and share lessons learned from the negotiation exercise. The program will conclude with a review of the key learning points and a review of the checklists and other practical resources that will be provided to each participant. This program draws on: The latest research on effective negotiation in diverse contexts The extensive experience of the workshop leaders as negotiators, mediators and instructors Instruction based on a combination of participants own experiences, teaching and practical exercises Register online today at

5 PROGRAM DIRECTORS Leslie H. Macleod is an Adjunct Professor at and Co-Director of the Professional LLM in Alternative Dispute Resolution at Osgoode Professional Development. Leslie is the founder of Leslie H. Macleod & Associates, a fi rm providing confl ict resolution services. Leslie s current practice includes teaching and training in ADR; facilitation, mediation, and fact-fi nding/investigation; and confl ict resolution system design and evaluation. She was previously the Assistant Deputy Attorney General responsible for development of Mandatory Mediation in Ontario and for establishment of the Province s Dispute Resolution Offi ce. Trevor C.W. Farrow is a Professor at. He is also the Academic Director of the Winkler Institute for Dispute Resolution, the Chair of the Canadian Forum on Civil Justice, a Co-Director of the York Centre for Public Policy and Law, and Osgoode s Director of Clinical Legal Education. Professor Farrow s teaching and research focus on the administration of civil justice, including legal process, legal and judicial ethics, advocacy, dispute resolution, globalization and development. He was formerly a litigation lawyer at the Torys law fi rm in Toronto. Professor Farrow has received teaching awards from Harvard University and. Teaching Faculty includes: Mike DeGagné, President and Vice-Chancellor, Nipissing Univeristy Professor Paul Emond Professor Trevor C.W. Farrow Elana Fleischmann Elana Fleischmann & Associates Delee Fromm, Principal Delee Fromm Consulting Inc. Frank Gomberg, Gomberg Mediation Solutions Inc. Charles Harnick, Q.C., Principal, Counsel Public Affairs Inc., Mediator & Arbitrator YorkStreet Dispute Resolution Group Inc. The Hon. Justice Susan Himel, Superior Court of Justice (Ontario), Toronto Region Leslie H. Macleod, Adjunct Professor, York University Founder, Leslie H. Macleod & Associates The Hon. Justice June A. Maresca Ontario Court of Justice John Matheson, Principal, StrategyCorp Inc. Gerald (Gerry) L.R. Ranking Fasken Martineau LLP Martha Simmons, Director, Mediation Intensive Program, Professor Lorne Sossin, Dean Bob Thompson, PhD Candidate specializing in ADR, Professor Frederick H. Zemans What students have said about Osgoode s Negotiation and ADR offerings: Excellent! Love the energy and the material was very practical Good balance of lecture and hands-on practical applications Passionate; great sense of humour Outstanding wish I could have a few more days Excellent. Entertaining. Focussed. Relevant. Upon completion of the program, you will receive a certificate from Osgoode Professional Development, Osgoode Hall Law School. s Osgoode Professional Development offers both credit and non-credit programming to meet the life-long learning needs of lawyers and other professionals who need legal information. is one of the world s pre-eminent law schools. Osgoode Professional Development embodies the law school s commitment to meeting the educational needs of the broader community and has offered many continuing legal education programs for health care, law enforcement and other professionals. Register online today at

6 THE OSGOODE CERTIFICATE IN NEGOTIATION SPRING 2014 REGISTRATION Name: Firm/Company: Address: Title: Practice Area: Lawyers: Enhance your skills while earning your full annual CPD credit (experienced members). City: Province: Postal Code: Telephone: Fax: Priority Service Code: Please add me to your mailing list. Please delete me from your mailing list. If you do not wish to be contacted by , indicate here. Fee Per Delegate $2595 plus 13% HST for a total of $ Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts and fi nancial assistance. Dress is business casual. Payment Options Payment must be made prior to the program Cheque enclosed (payable to York University GST# R ) Bill my credit card: VISA Mastercard Card# Expiry: Signature: Payment Amount: Program Changes We will make every effort to present the certifi cate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and s liability is limited to reimbursement of paid fees. CPD Credits Osgoode Professional Development has been approved as an Accredited Provider of Professionalism Content by The Law Society of Upper Canada. LSUC (ON) CPD: CPD Hours (29.25 Substantive, 3.5 Professionalism); BC/Manitoba/Saskatchewan/NWT/ Nunavut/Yukon/Quebec/New Brunswick and PEI: CPD/MCLE credit hours towards professional development requirements; NSBS CPD: 32.5 credit hours; NY CLE Board (on-site participants only): 36.0 credit hours in the Area of Professional Practice for transitional and non-transitional lawyers. Also eligible for CLE/Insurance Premium Credits Program offered by the Law Society of PEI and for Alberta CPD credit with the Law Society of Alberta. Questions? cpd@osgoode.yorku.ca or refer to the program website. Cancellations/Rainchecks/Substitutions If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after April 7, 2014 will include an administration charge of $700. No refunds will be issued after the program commences. Non-attendance or withrawal after the program start date will incur a full program fee. Payment must be received by April 21, Location Osgoode Professional Development Downtown Toronto Conference Centre 1 Dundas St. W., 26th Floor Toronto, ON, M5G 1Z3 For Further Program Related Information Please contact: David Thomas, Senior Program Lawyer, Certifi cate Programs at or dthomas@osgoode.yorku.ca Certificate of Program Completion You will receive a certificate upon completion of The Osgoode Certificate in Negotiation. Participants must attend all program modules to receive a certificate. Public CLE Seminars Customized CLE Programs Skills Training & Certifi cation ITAW Professional LLM 4 Convenient Ways to Register 1. MAIL your registration form to: Osgoode Professional Development Downtown Toronto Conference Centre 1 Dundas St. W., 26th Floor Toronto, ON M5G 1Z3 CLE 2. ONLINE at 3. FAX your registration to CALL US at or