Program on Negotiation & Dispute Resolution

More than 250 JD students annually receive instruction in negotiation and dispute resolution theory and skills through our diverse set of courses that span the dispute resolution continuum. We are also training lawyers from all over the world in negotiation and dispute resolution techniques, with more than half of the members of our International LLM class enrolling in our courses each year. We invite you to browse our curriculum to learn more about all that we have to offer!

Negotiation Courses

Negotiation For Lawyers

Duke Law was a pioneer in offering robust experiential training in negotiation theory and skills, and has continued to be a leader in negotiation training for nearly three decades. Each year we offer eight sections of our popular Negotiation for Lawyers course, with approximately 80% of our students taking the course before they graduate. The course covers all areas of legal practice, including transactional deal-making, civil litigation, criminal plea-bargaining, and international transactions requiring cross-cultural competency. Throughout the semester, students engage in simulations in which they negotiate in-person, by telephone, on Zoom, and by email. They negotiate one-one-one, with partners, and in groups of up to 6 people. They also practice advising clients, and learn the benefits of combining a cooperative tone with zealous advocacy to pursue their clients' goals. Through class discussion and related readings, students also acquire effective questioning techniques and active listening skills to avoid the biases that can arise from making incorrect assumptions. By the end of the semester, students will have developed a toolkit that will prepare them to enter their next negotiation with confidence. » more info

Exploring the Roles of Gender & Culture in Negotiation

In this Wintersession course, students take a deep dive into the impact that perceptions related to gender or culture can have on the negotiation process and its outcome. Through discussion, group exercises, and simulations, students learn how to negotiate effectively in cross-cultural situations while avoiding stereotyping and other common cross-cultural mistakes. Students also learn strategies to both avoid and combat gender-based behavior in negotiations that can lead to objectively worse outcomes for clients. » more info

Courses in Conflict Resolution

Alternative Dispute Resolution 

In this experiential survey course, students receive a comprehensive overview of the theoretical basis for and practical operation of various alternatives to traditional litigation that are used to resolve civil disputes, including negotiation, mediation, arbitration, collaborative law, and other innovative processes. We also explore topics such as the impact of culture on ADR, online dispute resolution, drafting ADR clauses in contracts, selecting a neutral, and dispute resolution system design. By the conclusion of the course, students have the skills necessary to assist a client in choosing the most appropriate ADR process to pursue a just resolution of a dispute. » more info

Mediation Advocacy

In this advanced experiential seminar, students explore the fundamentals of mediation theory and practice from the perspective of the mediator, the attorney, and the client through discussion, exercises, and full mediation simulations. Students practice persuasive writing as they draft pre-mediation statements, and then learn the essential elements of drafting agreements to memorialize the settlements they reach. By engaging in all phases of the mediation process, students not only improve their social and emotional competence, they develop skills that will be useful in client interviewing and counseling, fact development and legal analysis, and a variety of other contexts beyond mediation. » more info

International Arbitration

In today's global economy, parties to cross-border commercial transactions increasingly choose to resolve their disputes through arbitration. This course introduces students to the law and practice of international arbitration. Among other things, the course will consider the formation and enforcement of arbitration agreements; the conduct of arbitral proceedings; the recognition and enforcement of arbitral awards; the international conventions, national laws, and institutional arbitration rules that govern the arbitral process and the enforcement of arbitration agreements and awards; the strategic issues that arise in the course of international arbitration proceedings; and the practical benefits (and disadvantages) of arbitration. » more info

Litigation Simulation Courses

Pre-Trial Litigation

This interactive and experiential skills course focuses on the path civil litigators must navigate prior to trial. Working in teams as co-counsel, students examine the key components of the civil pretrial litigation process, including drafting pleadings, preparing and responding to discovery, drafting and arguing discovery motions, and taking and defending depositions. Students will also learn how to become a more effective advocate in the current on-line environment facing all attorneys and courts. » more info

Criminal Pretrial Litigation

This course focuses on the pretrial phase in criminal cases, beginning with a defendant’s initial appearance and concluding with a plea hearing. Through readings and class discussions, students will explore the pretrial practices of effective defense counsel, including conducting a defense investigation, working with experts, and managing clients. Students also have an opportunity to improve their written advocacy skills by drafting at least one motion, and their oral advocacy skills during mock, in-class court hearings. » more info

Trial Practice & Criminal Trial Practice

In this highly interactive experiential course, students prepare and perform basic trial skills each week using simulated problems and case files, including making an opening statement, direct examination, cross examination, impeachment, use of exhibits, and giving a closing argument. At the conclusion of the course, students participate in a full simulated jury trial of a civil or criminal case in teams of two before a jury, and then watch the jury deliberate to arrive at a verdict. 
» more info on Trial Practice 
» more info on Criminal Trial Practice