BATNA and reservation analysis
Work out what happens if the deal falls apart, and let that number set your walk-away point before you negotiate anything.
NextGen skill course
Negotiation & Dispute Resolution
Negotiation and dispute resolution is the NextGen skill of moving a matter toward agreement and choosing among ways to resolve it. The tasks give you a file and ask you to identify the client's interests and priorities, assess the strength of each side's position, decide on offers and concessions and select a process such as negotiation, mediation or arbitration. Good answers separate positions from interests, use the strength of the legal case as leverage and stay inside the client's authority and the ethical rules on truthfulness. Poor answers concede early or treat the other side's demand as fixed. Train it by mapping both sides' interests and listing possible trades before drafting a position. The sequence below sets out the actions, and the drills isolate each step. Explain why the process you recommend fits the client's goals, cost tolerance and need for a fast or confidential result.
| Component | Count |
|---|---|
| Performance actions | 7 |
| Common failure modes | 6 |
| Isolated drills | 6 |
| Rubric criteria | 6 |
Performance sequence
The actions to perform
- 01
Identify client interests, priorities, and authority
- 02
Assess alternatives and reservation points
- 03
Estimate the other side’s interests and constraints
- 04
Develop openings, targets, packages, and tradeable terms
- 05
Use questions and objective criteria
- 06
Protect confidential information and follow instructions
- 07
Document a complete enforceable resolution
Focused training
Drills that isolate the skill
Multi-issue package design
Never trade one term in isolation. Build a package where a concession on one issue buys something real on another.
Information-question planning
Plan your questions before the session. What you learn should shape your next offer, not just fill time.
Concession sequencing
Order your concessions on purpose: the size and timing of each one signals something, whether you intend it to or not.
Ethical constraint spotting
A tempting tactic crosses a line. Spot exactly which rule it violates before you're tempted to use it.
Term-sheet completeness review
Read a finished term sheet and find the one implementation detail everyone forgot to actually resolve.
01 · From NCBE's own content scope
The negotiation tasks NCBE defines
NCBE lists tasks that ask examinees to name two advantages or two disadvantages of a proposed way to resolve a dispute, judged against the client's goals, interests and limits. Another asks for terms that a contract or settlement could include to move a negotiation toward resolution.
A third asks which factors favor a client's position, and identifies two factors favoring either side.
02 · From NCBE's own content scope
Group B and the rules of conduct
Negotiation and dispute resolution belongs to Group B, which assesses lawyering strategies within the lawyer-client relationship. NCBE says Model Rules issues frequently arise in that group.
The listed rules include Rule 4.1, truthfulness in statements to others, Rule 4.2, communication with a person represented by counsel, and Rule 4.3, dealing with unrepresented persons. They are tested from recalled knowledge in integrated question sets only.
03 · From NCBE's own content scope
Multiple client objectives
NCBE's task 13 covers a client with several stated goals. Examinees explain why a legal rule, applied to that client's situation, may put one of those goals within reach or out of reach.
That is the core of negotiation planning: the law decides which goals a deal can reach. Task 8 adds a transactional side, asking which provisions to recommend including.
04 · From NCBE's own content scope
Worked drill: a one-page interest and options map
This drill uses an invented dispute, not NCBE material. A landlord and a café owner disagree over $6,000 in repair costs at the end of a lease. On a page, list each side's stated position, then the interest behind it. The landlord wants the full $6,000, but the interest is a quick re-rental. The café owner offers $2,000, but the interest is avoiding a court judgment that would affect her next lease.
Now build three options that serve both interests: a $3,500 payment in two installments, a repair done by the café owner's contractor by a set date, or a $2,500 payment plus a neutral reference letter. Rank them, and name the client's walk-away point in advance. A weak plan lists arguments about who was right and offers one number, which leaves nothing to trade when the other side says no.
QUICK ANSWERS
Questions about Negotiation & Dispute Resolution
Which task asks about the benefits of a proposed resolution?+
Task 11 has examinees name two advantages or two disadvantages of a proposed way to resolve a dispute, judged against the client's goals, interests and limits.
How does NCBE test settlement terms?+
Task 12 has examinees suggest terms that a contract or settlement could include to move a negotiation toward resolution.
What does task 10 ask?+
To name two factors that help the client's position, or two that help the opponent's, in a matter.
Which Model Rules affect negotiation?+
NCBE's Group B list includes Rule 4.1 on truthfulness in statements to others, Rule 4.2 on contact with represented persons and Rule 4.3 on unrepresented persons.
Are the negotiation rules tested in standalone multiple-choice questions?+
No. NCBE says Model Rules knowledge may be assessed in integrated question sets but not in standalone multiple-choice questions.
Can I use the comments to Rule 4.1 on the exam?+
No. NCBE says assessment does not include knowledge of the comments accompanying the enumerated rules, so rule text is what to learn.
Is a settlement offer judged against the client's goals?+
Yes. NCBE frames the resolution tasks as consistent with a client's objectives, interests and constraints, so a term that is good in the abstract may still fail the client.
Which group includes negotiation?+
Foundational Skills Group B, with client counseling and advising and client relationship and management, according to NCBE's content scope.
How does task 13 relate to negotiation?+
It asks why a legal rule may make one of a client's multiple objectives attainable or unattainable, which frames what a negotiated resolution can realistically deliver.
Do NextGen tasks cover transactional provisions?+
Yes. Under task 8, in a deal, examinees recommend which provisions to include, following the governing rules and the client's goals.
SOURCE DESK
Official NCBE sources
NCBE: NextGen UBE content scope, July 2026 to February 2027 (PDF)↗NCBE: NextGen UBE content scope↗Train it in context
From drill to full client file
Further reading
Negotiation sits among the ways disputes are resolved without trial, which a general reference on alternative dispute resolution surveys. Alternative dispute resolution (Wikipedia) ↗