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245 sec. 4 - Negotiations (Spring 2012)

Instructor: Jamie Jacobs-May  
Instructor: Rebecca Westerfield  (view instructor's teaching evaluations)
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Units: 3
Meeting Time: F 10:00-12:40
Meeting Location: 145

Course Start: January 13, 2012
Course Control Number (Non-1Ls): 49706

This is a highly interactive, skills-based course that is designed to teach students how to become effective negotiators, and how to effectively represent clients in both transactional and dispute resolution settings.

COURSE OBJECTIVES: familiarizing the student with various negotiations approaches and styles including knowledge of competitive negotiation gambits and effective responses; understanding the stages of a negotiation and developing effective strategies for each stage; illuminating the psychological forces that affect decision-making; identifying cross-cultural issues; understanding ethical responsibilities and requirements; learning techniques to successfully conclude a negotiation with durable and enforceable agreements; and enhancing communication skills with an emphasis on persuasion and relationship-building.

Class exercises and simulations will cover creating and claiming value, multi-party dynamics, client counseling, difficult tactics, and listening skills. The intensive nature of this class provides students with an opportunity to evaluate their own skills, experiment with new skills and techniques, work closely with one another, and receive individualized feedback from the professors.

Professors Jacobs-May and Westerfield will be team-teaching this class. Due to the use of simulation exercises throughout the semester 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 Jamie Jacobs-May at

As a skills-based course that relies on all students to participate in negotiations throughout the semester, attendance is mandatory. Excused absences are limited to medical or family emergencies.

Your grade will be determined as follows:
65%- Class participation (including attendance, preparation, participation in class discussions, exercises and simulations).
15%- Mid-term paper (5 pages) consisting of self-reflections and insights regarding negotiation skills.
20%- Final paper (10 pages) that delves more deeply into an aspect of negotiation that you have chosen as a topic.

Jamie Jacobs-May recently retired after serving more than 21 years on the Santa Clara County Superior Court. She was elected by her colleagues as presiding judge, and received the Lifetime Achievement Award from the Santa Clara County Trial Lawyers Association in 2011 and was named Outstanding Jurist of the Year by the Santa Clara County Bar Association in 2010. She is now a full-time mediator with JAMS. Judge Jacobs-May has extensive experience in a variety of complex practice areas, including business and contract matters, class actions, employment disputes, family disputes, probate matters, professional liability and personal injury matters. Judge Jacobs-May has taught extensively, including the judicial ethics program to California judges and mediation at Santa Clara University Law School.

Rebecca Westerfield has been a full-time mediator and arbitrator for almost twenty years with JAMS, an international provider of ADR services. Prior to joining JAMS in 1992, Judge Westerfield served as Circuit Court judge in Kentucky and has been a member of the State Bar of California since 1991. She has received numerous recognitions and awards as a professional neutral and has taught courses in negotiation, mediation and arbitration in academic and Bar related settings including the International School of Business Mediation (Admont Austria). Judge Westerfield mediates and arbitrates disputes in the areas of complex business and commercial matters, financial markets, wrongful death and catastrophic personal injuries, healthcare cases and insurance bad faith claims among others.

Fuller biographies of both Judge Jamie Jacobs-May and Rebecca Westerfield may be found at

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
Litigation and Procedure
Negotiation and Dispute Resolution

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Required Books are in blue

  • Advanced negotiation and mediation theory and practice
    Thomas F. Guernsey, Paul J. Zwier
    Publisher: South Bend, Ind. : National Institute for Trial Advocacy, c2005
    ISBN: 9781556819506
    Copyright Date: To Be Determined
    Price: $55.00
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.
  • Difficult conversations
    Douglas Stone, Bruce Patton, Sheila Heen
    Publisher: New York, NY : Viking, c1999.
    ISBN: 9780140288520
    Copyright Date: To Be Determined
    Price: 0.01
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • Getting to yes
    by Roger Fisher and William Ury, with Bruce Patton, editor
    Publisher: New York, N.Y. : Penguin Books, 1991.
    ISBN: 9780140157352
    Copyright Date: To Be Determined
    Price: 0.01
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.

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