Negotiating Business Transactions: An Extended Simulation Course, Fourth Edition

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Negotiating Business Transactions: An Extended Simulation Course, Fourth Edition is targeted to upper-level courses in Transactional Law, Negotiations, and International Business Law and designed for a unique, simulated transactional negotiations course involving two groups of students (in the same law school or different law schools) representing either a multinational corporation or an agricultural producer in negotiating a complex business transaction. With ample instructional materials and a simulation exercise that includes individual negotiating instructions for each party, this complete teaching package offers students the opportunity to “learn by doing” and to experience how to negotiate and structure a complicated business transaction. Students learn to strategize, negotiate, and draft, all within the context of a simulated business negotiation that brings the deal inside the classroom where its multiple aspects—legal, business, social, and political—can be studied. In addition to the substantive materials focused on the business and legal issues raised by the simulation exercise, authors Daniel D. Bradlow and Jay Gary Finkelstein address the ethical, social, and professional issues that can arise in transactional legal practice. 

New to the Fourth Edition:

New material, including:

• Practical examples drawn from real negotiations
• More content on the relevance of psychology in conducting negotiations
• Examples of the relevance, importance, and implementation of “back channel” negotiations in parallel with “formal” negotiations
• Expanded context for understanding the relevance of financial analysis in transactional practice, illustrated by new examples
• Additions based on insights from faculty who have used this book in their courses and students who have participated in the simulation exercise

Benefits for instructors and students:

• Complete simulation materials—facts and context, negotiating instructions, and background readings on all aspects of the transaction
• Balanced coverage of negotiation skills and substantive issues relevant to business transactions
• Opportunity for students to apply negotiation and business concepts in analyzing the transaction, preparing and strategizing for negotiation, and structuring legal relationships and documents to achieve client objectives
• Professional responsibility issues in the context of a negotiation
• Practical coverage:
  • The real-time challenges of negotiating a business deal
  • Where business and law intersect when negotiating a business deal
  • How to structure a complex business deal
  • How to use knowledge of law to find solutions in business transactions
  • Creative problem solving to achieve a mutually acceptable outcome
  • How to work collaboratively to implement a strategy
  • How to document a business transaction
• Introduction to the relevance of psychology in negotiation
• Introduction to financial aspects of a transaction
• Materials on Ethics and Negotiation
• Full sample transactional documents
• Meeting of all ABA requirements under ABA Standard 304 for experiential, practical skills class
• Online companion materials