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245 sec. 5 - Negotiations (Fall 2014)

Instructor: Tamara Lange  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: Tu 6:25-9:05
Meeting Location: 141

Course Start: August 26, 2014
Class Number (formerly Course Control Number) (Non-1Ls): 49664

This practice-centered course will prepare students to negotiate effectively on behalf of clients, with colleagues and in personal relationships. Most law school courses teach legal principles, exposition and assertion. This class focuses on the fine arts of listening, strategy and persuasion. Discussions of negotiation theory will inform weekly negotiation exercises. The class will address standard concepts such as creating and claiming value, multi-party dynamics, client counseling and dealing with difficult tactics.

In addition, this class will explore some of the essential building blocks for effective negotiation (and litigation): internal quiet, an ability to distinguish between instinct and fear, confidence in one’s power to say no, the capacity to empathize without taking responsibility, respect for one’s opponent and clarity of purpose.

• Develop effective strategies for each stage of a negotiation, including preparation
• Become familiar with different negotiation styles and understand effective responses to competitive negotiation techniques
• Understand how adversarial and collaborative bargaining differ and develop the capacity both to negotiate effectively in either context and to invite collaboration even in adversarial situations
• Enhance listening, persuasion and relationship-building skills
• Develop both flexibility and the ability to set clear limits
• Develop tools for diffusing implicit bias in negotiation dynamics
• Understand the challenges of cross-cultural negotiation
• Understand ethical responsibilities of the lawyer representative
• Learn techniques for concluding a negotiation successfully, including crafting durable and enforceable agreements

There will be a $30 materials fee due at the beginning of the semester to pay for the right to use the simulated negotiation exercises I purchase. If the fee would prevent you from taking the course, please contact me directly: tamaralange -at-

Tamara Lange has a private mediation practice and is a senior attorney at the National Center for Youth Law. She is a settlement conference officer for the San Francisco Superior Court and serves on the Alameda County Superior Court’s mediation panel. Ms. Lange has extensive experience briefing, arguing, and settling complex, high-value, and emotionally charged disputes. She has worked as a litigator for nearly 20 years, including in large and small private firms, as a senior attorney at the ACLU’s LGBT & AIDS Project, and as a Lead Deputy for Santa Clara County Counsel, where she created and managed the Impact Litigation & Social Justice Section. She clerked for the Hon. Richard A. Paez and the Hon. William A. Fletcher and received her J.D. from Berkeley Law, where she was Order of the Coif.

Requirements Satisfaction:

This course satisfies the Experiential Requirement.

Exam Notes: T
Course Category: Simulation Courses

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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: $16.53
    Price Source: bookbyte
  • Difficult Conversations
    Douglas Stone, Bruce Patton, Sheila Heen, Roger Fisher (Foreword)
    Publisher: Penguin (Non-Classics)
    ISBN: 9780143118442
    Copyright Date: To Be Determined
    Price: 13.6
    Price Source: ecampus
  • Beyond Winning
    Robert H. Mnookin, Scott R. Peppet, Andrew S. Tulumello,
    Publisher: Belknap Press
    ISBN: 9780674012318
    Copyright Date: To Be Determined
    Price: 21.2
    Price Source: ecampus
  • The Power of a Positive No
    William Ury,
    Publisher: Bantam
    ISBN: 9780553384260
    Copyright Date: To Be Determined
    Price: 15.6
    Price Source: ecampus
  • What Works for Women at Work: Four Patterns Working Women Need to Know
    Edition: 2014
    Publisher: NYU
    ISBN: 9781479835454
    Copyright Date: To Be Determined
    Price: 24.95
    Price Source: user provided

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