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245 sec. 1 - Negotiations (Spring 2011)
Instructor: Simao Avila (view instructor's teaching evaluations | profile)
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Meeting Time: M 6:25-9:05
Meeting Location: 240
Course Start: January 10, 2011
Course Control Number (Non-1Ls): 49643
Primarily through interactive discussion, exercises and role playing ("experiential learning"), the course covers alternative approaches to negotiation and the requisite skills associated with each. The course examines collaborative versus adversarial negotiation, creating and claiming value, the phases of a negotiation, preparation and client counseling, tactics and counter measures, including first offer and demand patterns as well as concession strategies, communication skills, including, questioning, effective listening; psychological barriers to conflict resolution and ethical issues. Students negotiate mock problems with each other and with students from other law schools based on a prepared set of facts. Negotiations are reviewed by group discussion and one videotape review. There may also be an opportunity to exchange one classroom session for a Saturday workshop on Mediation/Arbitration.
Enrollment is limited to 20 students. Students who have taken Interviewing, Counseling and Negotiating (244.5)) will not be admitted.
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 "Drop/Add" do not apply. All interested students, whether enrolled or on the wait list, must attend the first session at which time enrollment will be confirmed. If you have questions, contact Simao (Sim) Avila by telephone (510) 502-9669, or by email at firstname.lastname@example.org or email@example.com
Simao J. Avila is Senior Counsel in the Legal and Government Relations Department at Kaiser Permanente. He is a litigator, negotiator and mediator, and teaches a variety of subjects related to negotiation and conflict resolution to clients and also has lectured at Boalt Hall and Stanford University. Prior to his current work for Kaiser Permanente, Sim practiced employment law in the General Counsel's Office for the University of California and was a shareholder at Littler Mendelson in California.
Sim was born in Portugal and is fluent in Spanish as well as Portuguese. He began his legal practice as a field attorney at the National Labor Relations Board, Region 24 in Puerto Rico and the U.S. Virgin Islands.
This course satisfies the Skills Requirement.
Exam Notes: P+
Special Notes: LE(20)
Course Category: Advocacy Skills Courses
This course is cross-listed in the following categories:
Litigation and Procedure
Negotiation and Dispute Resolution
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Required Books are in blue
- Bargaining for advantage
G. Richard Shell
Publisher: New York : Penguin Books, 2000.
Copyright Date: To Be Determined
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.
Copyright Date: To Be Determined
Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.