ABA Negotiation Competition

ABA Negotiation Competition
Name	ABA Negotiation Competition
Sport	Legal negotiation
Established	1980s
Organizer	American Bar Association
Frequency	Annual
Participants	Law schools, law students

ABA Negotiation Competition

The ABA Negotiation Competition is an annual interscholastic contest for law students emphasizing dispute resolution, negotiation technique, and client advocacy. Modeled on experiential learning programs at institutions like Harvard Law School, Yale Law School, and Stanford Law School, the competition draws teams from across the United States and internationally and intersects with professional organizations such as the American Bar Association, the Association of American Law Schools, and the International Bar Association. It serves as a bridge between academic curricula exemplified by cases from the United States Court of Appeals for the Ninth Circuit, moot problems used at the International Criminal Court, and practical skills sought by firms including Skadden, Arps, Slate, Meagher & Flom LLP, Latham & Watkins LLP, and Jones Day.

Overview

The competition tests negotiation strategy, ethics, and client counseling in scenarios inspired by disputes heard at tribunals like the Supreme Court of the United States and the International Court of Justice and simulated in clinics at Columbia Law School, New York University School of Law, and Georgetown University Law Center. Entrants are evaluated by panels of practitioners from firms such as Baker McKenzie, judges from state courts like the New York Court of Appeals, and academics associated with centers like the Harvard Negotiation Project and the Kellogg School of Management. Awards and recognition often parallel prizes given by organizations including the American Arbitration Association, the Society of American Law Teachers, and the National Association for Law Placement.

History

Origins trace to negotiation pedagogy advanced by figures connected to Roger Fisher and institutions like the Program on Negotiation at Harvard University and the Harvard Negotiation Project, with formal competition sponsorship later adopted by the American Bar Association. Early formats reflected intercollegiate contests from Moot Court traditions at schools like University of Chicago Law School and University of Michigan Law School. Over time the competition expanded alongside curricular reforms influenced by the Gould School of Law clinics, career pipelines similar to those at Clifford Chance recruitment programs, and international exchange modeled on events such as the Jessup International Law Moot Court Competition and the Vis International Commercial Arbitration Moot.

Format and Rules

Rounds are structured as timed bilateral negotiations assessed with criteria resembling rubrics used in clinical programs at University of California, Berkeley, School of Law and University of Pennsylvania Carey Law School. Teams typically consist of two or three students drawn from institutions like Boston University School of Law, University of Texas School of Law, and Duke University School of Law. Panels include adjudicators from entities such as the Federal Trade Commission, the Securities and Exchange Commission, and state supreme courts including the California Supreme Court. Scenarios may involve transactional disputes invoking statutes like the Sherman Antitrust Act or regulatory frameworks tied to agencies like the Environmental Protection Agency, and ethical issues connected to rules from the American Bar Association Model Rules of Professional Conduct. Advancement follows elimination brackets similar to structures used in the National Moot Court Competition and scoring blends objective checklists and subjective evaluations comparable to assessments at the Philip C. Jessup International Law Moot Court Competition.

Preparation and Training

Preparation often mirrors training regimens employed by trial advocacy programs at Northwestern University Pritzker School of Law and negotiation clinics at University of Virginia School of Law. Competitors study case law from circuits such as the United States Court of Appeals for the Second Circuit and practice negotiating under faculty coaches drawn from faculties including Fordham University School of Law, Wake Forest University School of Law, and visiting practitioners from firms like Clyde & Co and Allen & Overy. Workshops feature techniques associated with leaders of negotiation theory such as William Ury, negotiation frameworks taught at MIT Sloan School of Management, and role-play scenarios inspired by disputes adjudicated in venues like the World Trade Organization and the International Centre for Settlement of Investment Disputes.

Notable Teams and Alumni

Alumni have gone on to roles at institutions such as the U.S. Department of Justice, the International Monetary Fund, and corporations including Google, Amazon and Goldman Sachs. Notable participants have included graduates who later served on benches like the United States District Court for the Southern District of New York or as clerks to justices of the Supreme Court of the United States, and attorneys who joined firms like Cravath, Swaine & Moore LLP and Sullivan & Cromwell LLP. Law schools with recurrent success include University of California, Berkeley School of Law, University of Chicago Law School, Yale Law School, and Harvard Law School.

Impact and Criticism

Supporters liken the competition’s experiential pedagogy to clinics at Georgetown University Law Center and argue it prepares students for practice in firms such as White & Case LLP and in-house roles at Microsoft. Critics contend that selection and judging may reflect disparities similar to concerns raised about law school rankings and recruitment networks tied to firms like Skadden, Arps, Slate, Meagher & Flom LLP and Latham & Watkins LLP, potentially privileging students from well-resourced schools like Columbia Law School and Harvard Law School. Debates also mirror broader discussions involving accreditation bodies such as the American Bar Association and policy conversations at the Association of American Law Schools regarding access, diversity, and the alignment of competitions with clinical training priorities at schools like Boston College Law School.

Category:Legal competitions Category:American Bar Association events