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

245 sec. 3 - Negotiations (Fall 2013)

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

Course Start: August 22, 2013
Class Number (formerly Course Control Number) (Non-1Ls): 49574

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, identification and assertion of one's interests, and listening skills. Exercises will cover various contexts, including family, environmental, business, and public interest law.

** The first homework assignment should be completed before the first class.

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

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 Experiential Requirement.

Exam Notes: P+
Course Category: Simulation Courses
This course is cross-listed in the following categories:
Negotiation and Dispute Resolution

The following files are available for this course:

First Assignment

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Required Books are in blue

  • Bargaining for advantage
    G. Richard Shell
    Publisher: New York : Penguin Books, 2006.
    ISBN: 9780143036975
    Copyright Date: To Be Determined
    Price: $6.56
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.
  • Beyond winning
    Robert H. Mnookin, Scott R. Peppet, Andrew S. Tulumello
    Publisher: Cambridge, Mass. : Belknap Press of Harvard University Press, 2000.
    ISBN: 9780674003354
    Copyright Date: To Be Determined
    Price: 5.25
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • Getting to yes
    Roger Fisher & William Ury
    Edition: 3rd
    Publisher: VP
    ISBN: 9780143118756
    Copyright Date: To Be Determined
    Price: 13.99
    Price Source: user provided
  • Difficult conversations
    Douglas Stone, Bruce Patton, Sheila Heen
    Edition: 2nd
    Publisher: Penguin
    ISBN: 9780143118442
    Copyright Date: To Be Determined
    Price: 16.00
    Price Source: user provided

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