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

245 sec. 4 - Negotiations (Spring 2013)

Instructor: Tamara Lange  (view instructor's profile)
Instructor: Elaine Rushing  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: Tu 10:00-12:40
Meeting Location: 145

Course Start: January 08, 2013
Course Control Number (Non-1Ls): 49715

This seminar is designed to teach students to become better negotiators and to represent clients effectively in both transactional and dispute resolution settings. Discussions of negotiation theory will inform weekly negotiation practice exercises, and students will be encouraged to develop their own negotiating instincts and organizing principles. The class will address creating and claiming value, multi-party dynamics, client counseling, difficult tactics, and listening skills. Exercises will cover various contexts, including family, environmental, probate, business, and public interest law. The course will be team taught with both professors attending each week.

** Please note, the first homework assignment should be completed before the first class, see syllabus posted below

• Develop effective strategies for each stage of a negotiation
• Understand the range of negotiation styles, including competitive techniques and effective responses
• Strengthen creative ability to expand the range of options for resolving a dispute
• Enhance communication skills, emphasizing effective use of listening, persuasion and relationship-building
• Identify cultural challenges that can arise in negotiations
• Understand ethical responsibilities of the lawyer representative
• Understand how grounding increases efficacy in negotiations
• Learn to conclude a negotiation successfully, including crafting durable agreements

Excused absences are limited to medical or family emergencies.

All students enrolled or on the wait list should attend the first session, at which time enrollment will be confirmed.

We will be assessing how you engage, how you perform, and what risks you take to expand your skills. The results you get in the simulated negotiations will not be tracked or considered in grading. Grades will be determined as follows: 60% - Class participation; 15% - Mid-term paper (5 pages) articulating goals for the second half of the semester and identifying what you need to meet those goals; 25% - Final paper on negotiation theory, OR final paper on real-life negotiation you conducted in the last month of the semester, OR final videotaped simulated negotiation.

Tamara Lange has a private mediation and consulting practice and serves on the San Francisco Superior Court’s mandatory settlement conference panel. She previously worked for 15 years as a litigator, including in private firms, as a senior attorney at the ACLU’s LGBT & AIDS Project, and for Santa Clara County Counsel, where she created and managed the Impact Litigation & Social Justice Section. Ms. Lange has extensive experience briefing, arguing, and settling complex, high-value, and emotionally charged disputes. Her expertise is in constitutional and public law, and she has represented clients in matters involving everything from intellectual property to insurance coverage to family law. Ms. Lange clerked in federal trial and appellate courts and received her J.D. from Berkeley Law, where she was Order of the Coif. Her teaching is informed by her general intellectual curiosity, her meditation practice and development as a reiki practitioner, and her experience as a parent in what she considers to be the most humbling of all negotiated relationships.

Hon. Elaine Rushing was the first woman appointed to the Sonoma County Superior Court and recently retired after serving nearly two decades. In 2005 she spearheaded the popular Superior Court-annexed Mediation Program, in which over 1,000 cases have been successfully mediated. She was elected presiding judge by her colleagues and was awarded a Certificate of Recognition by the Sonoma County Bar Association Alternative Dispute Resolution Section in 2010. She is now a full-time mediator and arbitrator with JAMS. Judge Rushing has extensive experience in a variety of complex practice areas, including business litigation, construction, employment, real estate, trusts, estates, probate, and personal injury. Judge Rushing has served extensively as a faculty member for the Continuing Judicial Studies Program including a yearly class on Law and Literature and has taught Probate to Judges. Judge Rushing obtained her J.D. degree from UC Hastings College of the Law and was Order of the Coif. She was Research Editor of the Hastings Law Journal. She received her B.A. from Syracuse University, Phi Beta Kappa, with Honors in German. A more comprehensive biography of Judge Rushing may be found at

This course satisfies the Skills Requirement.

Exam Notes: T
Course Category: Advocacy Skills Courses
This course is cross-listed in the following categories:
Negotiation and Dispute Resolution

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Required Books are in blue

  • Bargaining for Advantage
    G. Richard Shell
    Edition: 2nd ed.
    Copyright Date: To Be Determined
    Price: To Be Determined
  • Difficult Converstions
    Douglas Stone, Bruce Patton,& Sheila Heen
    Edition: 2nd ed
    Publisher: Penguin Books
    Copyright Date: To Be Determined
    Price: To Be Determined
  • Getting to Yes
    Roger Fisher & William Ury
    Edition: 3rd
    Publisher: Penguin Books
    Copyright Date: To Be Determined
    Price: To Be Determined
  • Beyond Winning
    Robert H. Mnookin
    Edition: 2nd printing
    Publisher: Belknap Press
    Copyright Date: To Be Determined
    Price: To Be Determined
  • Quiet: The Power of Introverts in a World That Can;t Stop Talking
    Cain, Susan
    Copyright Date: To Be Determined
    Price: To Be Determined
  • Women Don't Ask: The High Price of Avoiding Negotiation - And Positive Strategies for Change
    Linda Babcock & Sara Leschever
    Copyright Date: To Be Determined
    Price: To Be Determined

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