Ready… Set… NeGOtiate!

Adam Norget (2L)

Okay, that may not have been exactly how the 2011 FMC Negotiation Competition kicked off, but the fast paced, back-and-forth drama of this years competition definitely felt like a race against the clock in trying to reach a settlement against some very capable and crafty opponents on the other side of the table.

The annual competition between University of Alberta law students of all years was held downtown in the offices of Fraser Milner Casgrain LLP. The firm was a terrific host, providing the judges and prizes for the event, a fantastic spread of appetizers and many beverages.

There were 24 two-person teams taking part in 12 separately judged throw-downs, in which three judges (either litigators, negotiators, or mediators) graded each team’s performance over the 50-minute negotiation based loosely on the outcome, method, strategy, and demeanor of the team. The judges then provided valuable feedback in what aspects of the negotiation they were particularly impressed with and what could be improved upon.

The dispute in question was between an 8-month pregnant, single mother of two living in a low-income housing apartment and her housing authority (landlord), who had (allegedly) negligently failed to provide heat to the apartment for the entire past winter. My teammate, Kate Holfeld (2L), and I felt pretty confident in our case going into the negotiation since, as representatives of the misunderstood and much maligned corporate housing authority, we clearly had the moral high ground…

Despite a valiant battle in the noble fight for faceless corporate interests in which we reached a very amicable settlement with the team of Max DeGroat (2L) and Geoff O’Brien (2L), Kate and I finished in second place overall. The winners of the competition were the formidable team of Nicole Rodych (2L) and Michelle Paul (2L), while third place overall went to the team of Braden Sheps (2L) and Shannon Kinsella (1L). Incredibly, both of these teams were able to perform exceptionally well in spite of the fact that they were forced to represent the whiny tenant… Corporations just can’t seem to catch a break these days.

In all seriousness though, the negotiation competition is a fantastic opportunity to fine-tune not only your negotiation skills, but your professional and empathetic skills as well. With the growing trend towards the use of Alternative Dispute Resolution methods for resolving legal conflicts, as well as the implementation of mandatory Judicial Dispute Resolution sessions in the process of civil litigation, the ability to deal effectively, efficiently, and professionally in reaching a fair settlement for a client will be invaluable in almost any area of private or public practice. The competition not only provides a great forum for developing these skills using a real-world problem, but would also be likely to stand out on a resume to most potential employers.

While the winners received a trip to Calgary to represent the U of A in the national competition, I’m quite happy with my second-place prize of an FMC messenger bag… I just hope the lawyers at Parlee don’t get the wrong idea.