NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.

245 sec. 2 - Negotiations (Spring 2013)

Instructor: Arlene Kostant  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: M 3:35-6:15
Meeting Location: 141

Course Start: January 07, 2013
Course Control Number (Non-1Ls): 49709

This highly interactive course will help students succeed in their professional and personal negotiations. The course will explore a series of theoretical frameworks, and through group discussions and role plays, students will gain skills in applying the theory to real-life situations. Students will learn how to prepare for, conduct, and review negotiations systematically. Class exercises will cover creating and claiming value, multi-party dynamics, client counseling, difficult tactics, ethical issues, and listening skills. The intensive nature of this class provides students with an opportunity to interrogate traditional measures of success, evaluate their own skills, work closely with one another, and receive individualized feedback from the professor.

Due to the use of simulation exercises throughout the semester and the need to determine members of the class as soon as possible, the usual provisions of "Add/Drop" do not apply. All interested students, whether enrolled or on the wait list, should attend the first session at which time enrollment will be confirmed. If you have questions, please contact Arlene Kostant at

There will be one mandatory Saturday morning class, date TBD, but likely April 14. Attendance and participation at all scheduled classes is mandatory.

Arlene Kostant is a State Bar Certified Family Law Specialist with a private practice specializing in mediation and collaborative family law in the Bay Area. She has been teaching Negotiation at UC Berkeley School of Law for a number of years, in addition to doing so at Hastings Law School, where she previously taught mediation. In addition, she conducts negotiation trainings for bar associations, collaborative practice groups, law firms and private industry.
The Daily Journal has previously named Ms. Kostant as one of California’s most sought-after family law mediators, and she is routinely designated as a Northern California Super Lawyer in San Francisco Magazine. She is an active member of a number of interdisciplinary collaborative practice groups, prioritizing consensual legal dispute resolution. She is the immediate past president of Collaborative Practice East Bay, on the board of directors of Collaborative Practice San Francisco and was a 2012 recipient of Collaborative Practice California’s Eureka Award, recognizing significant contributors to establishing and sustaining collaborative practice in California.

This course satisfies the Skills Requirement.

Exam Notes: P+
Course Category: Advocacy Skills Courses
This course is cross-listed in the following categories:
Business Law
Environmental Law
Family Law
General Courses
Intellectual Property and Technology Law
International and Comparative Law
Jurisprudence and Social Policy (JSP)
Law and Economics
Law and Society
Litigation and Procedure
Negotiation and Dispute Resolution
Public Law and Policy
Social Justice and Public Interest
Work Law

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  • Bargaining for advantage
    G. Richard Shell
    Publisher: New York : Penguin Books, 2006.
    ISBN: 9780143036975
    Copyright Date: To Be Determined
    Price: $5.80
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.
  • Difficult conversations
    Douglas Stone, Bruce Patton, Sheila Heen
    Publisher: London : Penguin, 2000, c1999.
    ISBN: 9780140277821
    Copyright Date: To Be Determined
    Price: 1.1
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • Getting past no
    William Ury
    Publisher: New York : Bantam Books, 1993.
    ISBN: 9780553371314
    Copyright Date: To Be Determined
    Price: 2.75
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • Influence
    Robert B. Cialdini
    Publisher: Boston, Mass. ; Allyn and Bacon, c2001.
    ISBN: 9780321188953
    Copyright Date: To Be Determined
    Price: 10.86
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.

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