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245 sec. 4 - Negotiations (Fall 2014)

Instructor: Elaine Rushing  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: Th 10:00-12:40
Meeting Location: 244

Course Start: August 28, 2014
Class Number (formerly Course Control Number) (Non-1Ls): 49661


This seminar is designed to teach students to become better negotiators and to represent clients effectively in both transactional and dispute resolution settings. The structure of the course emphasizes both theoretical and experiential learning. Since negotiation is something you learn by doing, we will engage in hands-on negotiation simulations throughout the course. These simulations are designed to enhance your skills, demonstrate concepts, and provide you with opportunities to experiment with various negotiation techniques. In addition, we will discuss theories of negotiation and use them to analyze the simulated negotiations. As a result, we will move back and forth between theory and practice, applying lessons from theory to our negotiation practice, and drawing lessons from our experience to critique theory.

Each student will be paired with another student to lead a class discussion of one reading assignment. This involves an explication of the text, an elucidation of the author’s point of view, an explanation of how the ideas expressed fit into the course’s framework, and an examination of the usefulness of the ideas.
Course Objectives

Familiarize the student with various negotiation approaches and styles, including competitive and collaborative bargaining
Understand and develop effective strategies for each stage of a negotiation
Enhance communication skills, emphasizing effective use of listening and relationship-building
Explore psychological forces and cognitive biases that affect decision-making
Learn techniques for concluding a negotiation successfully, including crafting durable and enforceable agreements

Course Policies

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) is an academic paper on any aspect of negotiation selected by the student, delving into the subject matter on a deeper level.

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 Judge Rushing at


Hon. Elaine Rushing was the first woman appointed to the Sonoma County Superior Court. 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 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

Requirements Satisfaction:

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

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

No reader.

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: $6.37
    Note: prices are sampled from internet bookstores. Folletts prices are unavailable at this time.
  • Getting To Yes
    William Ury Roger Fisher,
    Publisher: Random House Business Books
    ISBN: 9781847940933
    Copyright Date: To Be Determined
    Price: 14.05
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.
  • Difficult Conversations
    Anne Dickson,
    Publisher: Piatkus Books
    ISBN: 9780749926755
    Copyright Date: To Be Determined
    Price: 4.15
    Note: prices are sampled from internet bookstores. Ned's prices are unavailable at this time.

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