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Dealing with the Difficult: On Emotion and Psychology for Client Counseling and Negotiation

December 11, 2008
8:30 a.m. - 12:30 p.m.

3.5 hrs. general CLE credit, approval pending

At Stratford Heights Complex
2634 Stratford Avenue
Cincinnati, OH 45220
(across the street from UC Maingate on Clifton Ave.)

This course will enable participants to apply insights from recent research on the impact of emotion and psychology on reasoning, decision-making and communication. We will focus on how lawyers can influence clients, colleagues and even opposing counsel using the “Core Concerns Model” in R. Fisher and D. Shapiro’s Beyond Reason: Using Emotions As You Negotiate (Viking, 2005) and insights from the psychology of decision making. After each lecture presentation, participants will apply lessons learned in legal practice scenarios, including client counseling and negotiation with colleagues and opposing counsel. (print program description (pdf))

Participants will learn:

  • recent academic findings on emotion and its impact on reasoning and communication
  • the role of meta-emotions
  • the “core concerns” model for analyzing and addressing emotional triggers that can positively or negatively affect interaction
  • recent research in the psychology of decision-making, with a focus on decision-traps and distortions
  • how to use these findings to have more effective communication with clients, colleagues and opposing counsel

Faculty: Marjorie Corman Aaron, UC College of Law

Prof. AaronMs. Aaron, Professor of Practice and Director of the Center for Practice, University of Cincinnati College of Law, teaches negotiation, client counseling, decision analysis and mediation. Ms. Aaron also maintains a private mediation practice and develops and teaches negotiation, mediation and decision analysis workshops nationally and internationally. Ms. Aaron is a former Executive Director of the Program of Negotiation at Harvard Law School as well as a former Vice President for Professional Development and a Senior Mediator at Endispute, Inc. (now JAMS ADR). A graduate of Harvard Law School, Ms. Aaron practiced in civil and criminal litigation before entering the field of dispute resolution.

Registration: Get Form (pdf)

Location: Stratford Heights Complex -(across the street from UC Maingate on Clifton Ave.) Get directions (pdf)

(print agenda (pdf))

8:30 – 8:45 Continental Breakfast and Introductions

8:45 – 9:00 Defining the Difficult!

9:00 –10:45 Attorneys Explore Beyond Reason, the Core Concerns Model for Negotiating Effectively and Dealing with the High Emotions of Clients, Opposing Counsel and Even Colleagues

  • Interactive lecture/discussion of core concerns model drawn from Fisher & Shapiro’s Beyond Reason: Using Emotions As You Negotiate (Viking 2005).
  • Participants will apply theory to practice, working through negotiation scenarios with clients, opposing counsel, and colleagues.

10:45 – 11:00 Break

11:00–12:30 Getting to Better Client Decisions and More Effective Negotiation with a little help from the Psychology of Decision-Making and a Cache of Comebacks

  • Interactive presentation on elements of the psychology of decision-making that directly impact client decisions and negotiation behaviors, with advice for negotiating responses to best serve your clients.
  • Practice In Psychology: Participants will practice using the psychology of decision making to counsel clients and negotiate in scenarios drawn from legal practice.

12:30 Adjournment and Evaluation

12:30 Lunch (participants will be joined by those attending the afternoon program)