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

245 sec. 5 - Negotiations (Fall 2013)

Instructor: Ellyn Moscowitz  (view instructor's profile)
View all teaching evaluations for this course

Units: 3
Meeting Time: W 3:35-6:15
Meeting Location: 134

Course Start: August 21, 2013
Course Control Number (Non-1Ls): 49580

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 negotiations. Students will learn how to prepare for, conduct, and review negotiations systematically. Class exercises will cover preparation, creating and claiming value, creative problem solving, client counseling, difficult tactics, ethical issues, and communication skills. The intensive nature of this class provides students with an opportunity to learn and integrate valuable interpersonal skills, evaluate and improve their own skills, work closely with one another, and receive feedback from the professor and colleagues.

Attendance and participation at all scheduled classes is mandatory. Please note that there will be a mandatory Saturday class on November 9 or 16 (TBD) during which the students will conduct a team negotiation across the table from students from another law school or another negotiation class at Boalt. This team negotiation is a culmination of the learnings throughout the semester and a significant portion of the overall grade. If students are unable to attend the Saturday class on November 9 or 16, it is recommended that the student enrolls in another section of Negotiations that does not have the mandatory Saturday class.

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. Enrolled students who are not present during the first class may be dropped at the instructor's discretion. If you have questions, please contact Ellyn Moscowitz at

Ellyn Moscowitz practiced Plaintiffs' side labor and employment law for 25 years and specialized in wage and hour class action lawsuits. She was a partner at Van Bourg, Weinberg, Roger & Rosenfeld, and later head of her own law firm representing employees and unions. She has represented unions in collective bargaining agreements and has participated in many negotiations sessions on behalf of unions with employers. She currently mediates cases through the U.S. District Court of Northern California and does private mediation. She has taught at University of San Francisco School of Law, Golden Gate Law School and Chapman University School of Law and has published numerous law review articles in the labor and employment law field.

This course satisfies the Skills Requirement.

Exam Notes: F
Course Category: Advocacy Skills Courses
This course is cross-listed in the following categories:
Litigation and Procedure
Social Justice and Public Interest
Work Law

The following files are available for this course:

First Assignment

If you are the instructor or their FSU, you may edit your files on this page.

A reader will be used in this class.

Required Books are in blue

  • Getting to Yes
    Roger Fisher, William L. Ury, Bruce Patton,
    Publisher: Penguin (Non-Classics)
    ISBN: 9780143118756
    Copyright Date: To Be Determined
    Price: $17.97
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.
  • Lawyer Negotiation: Theory Practice & Law Second Edition
    Jay Folberg, Dwight Golann,
    Publisher: Aspen Publishers
    ISBN: 9780735599703
    Copyright Date: To Be Determined
    Price: To Be Determined

Go to Course Search