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

245 sec. 7 - Negotiations (Spring 2014)

Instructor: Arlene Kostant  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: M 3:35-6:15
Meeting Location: 240

Course Start: January 06, 2014
Class Number (formerly Course Control Number) (Non-1Ls): 49691

This seminar is designed to teach students to become better negotiators and to represent clients effectively in policy, personal 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. Class exercises will cover identifying and engaging the core conflict, creating and claiming value, client counseling, difficult tactics, and communication skills. The intensive nature of this class provides students with an opportunity to evaluate their own skills, to experiment with new skills and techniques, and to work closely with one another. Exercises will include negotiation of business, wrongful death, family law, and employment disputes, as well as business deals in a variety of settings.

Course Objectives
•Familiarize the student with various negotiation approaches and styles, including knowledge of competitive negotiation techniques and effective responses
•Understand and develop effective strategies for each stage of a negotiation
•Explore adversarial and collaborative bargaining
•Understand ethical responsibilities of the lawyer representative
•Learn techniques for concluding a negotiation successfully, including crafting durable and enforceable agreements
•Identify cultural and interpersonal challenges that can arise in negotiations
•Enhance communication skills, emphasizing effective use of listening, persuasion and relationship-building
•Develop personal techniques to increase efficacy in negotiations
•Strengthen creative ability to expand the range of options for resolving a dispute

Attendance and participation at all scheduled classes is mandatory. Please note that there may be a mandatory evening or Saturday class during which students will conduct a team negotiation. Because of the nature of the class, the usual provisions of "Add/Drop" do not apply. Enrollment is limited to 16 students. 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 Arlene Kostant at

Arlene Kostant is a State Bar Certified Family Law Specialist with a private practice specializing in mediation and collaborative family law in the Bay Area. She has been teaching Negotiation at UC Berkeley School of Law for a number of years, in addition to doing so at Hastings Law School, where she previously taught mediation. In addition, she conducts negotiation trainings for bar associations, collaborative practice groups, law firms and private industry.
The Daily Journal has previously named Ms. Kostant as one of California’s most sought-after family law mediators, and she is routinely designated as a Northern California Super Lawyer in San Francisco Magazine. She is an active member of a number of interdisciplinary collaborative practice groups, prioritizing consensual legal dispute resolution. She is a past president of Collaborative Practice East Bay, has served on the board of directors of Collaborative Practice San Francisco and was a 2012 recipient of Collaborative Practice California’s Eureka Award, recognizing significant contributors to establishing and sustaining collaborative practice in California.

This course satisfies the Experiential Requirement.

Exam Notes: P+
Course Category: Simulation Courses
This course is cross-listed in the following categories:
Business Law
Family Law
General Courses
Jurisprudence and Social Policy (JSP)
Law and Economics
Law and Society
Litigation and Procedure
Negotiation and Dispute Resolution
Public Law and Policy
Social Justice and Public Interest
Work Law

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  • Bargaining for advantage
    G. Richard Shell
    Publisher: New York : Penguin Books, 2006.
    ISBN: 9780143036975
    Copyright Date: To Be Determined
    Price: $6.37
    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, N.Y. : Penguin Books, 2000, c1999.
    ISBN: 9780786511037
    Copyright Date: To Be Determined
    Price: To Be Determined
  • Getting past no
    William Ury
    Publisher: New York : Bantam Books, 1993.
    ISBN: 9780553371314
    Copyright Date: To Be Determined
    Price: 0.99
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • Challenging conflict
    by Jack Himmelstein and Gary Friedman
    Publisher: Chicago, IL : American Bar Association, 2008.
    ISBN: 9781604420524
    Copyright Date: To Be Determined
    Price: 19.47
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • Influence
    Robert B. Cialdini
    Publisher: New York : Collins, 2007.
    ISBN: 9780061241895
    Copyright Date: To Be Determined
    Price: 21.53
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.

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