Law Schedule of Classes

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

245 sec. 002 - Negotiations (Fall 2019)

Instructor: Elaine Rushing  (view instructor's teaching evaluations - degree students only | profile)
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Units: 3


    W 10:00 AM - 12:40 PM
    Location: Law 111
    From August 21, 2019
    To November 23, 2019

    Sa 1:00 PM - 3:40 PM
    On 2019-11-23

Course Start: August 21, 2019
Course End: November 23, 2019
Class Number: 32039

Enrollment info:
Enrolled: 18
Waitlisted: 0
Enroll Limit: 18
As of: 04/07 11:14 PM

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 one or more other students to lead a class discussion of one reading assignment. This involves an explication of the text, an explanation of how the ideas expressed fit into the course’s framework, and an examination of the usefulness of the ideas. There will be a mandatory Saturday class on November 23rd.

The course involves extensive, intensive feedback.

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

Exercises will include negotiation of business, family law, environmental, tort, employment, and multi-party international diplomacy disputes as well as business deals. At a general level, we will move from negotiations that involve fewer factors to ones that are more complex. By the end of the course, however, we hope that you will appreciate the layered complexity that was involved in what first appeared to be simple negotiations.

Biography of Instructor

The elected Presiding Judge of a California Superior Court must have innate mediative and arbitrative skills to deal effectively and firmly with judges, court staff and attorneys. In addition to presiding over her court, Judge Rushing supervised Civil and Probate for 5 years. She was also the first woman on the Sonoma County Superior Court. As a judge she heard real estate cases including fraud, broker compensation, adverse possession, partition, boundary disputes, and homeowners association disputes; business cases including bank matters and trade secrets; probate, trusts and estates litigation; and construction defect litigation. At JAMS Judge Rushing has resolved numerous employment cases, including claims for wrongful, discrimination, retaliation, sexual harassment and wage and hour issues; probate matters including lack of capacity, breach of fiduciary duty, and undue influence; and real property cases including mortgage fraud, commercial tenancies and foreclosures.

Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend in order not to be dropped.

Requirements Satisfaction:

Units from this class count towards the J.D. Experiential Requirement.

Exam Notes: (T) Course ends in a final practice trial, arguments, or other presentation (e.g. Powerpoint)
Course Category: Simulation Courses

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Required Books are in blue

  • Bargaining for Advantage
    Edition: 2nd 2006
    ISBN: 9780143036975
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: $18.00
    Price Source: user provided
  • Getting to Yes
    Edition: 3rd 2011
    ISBN: 9780143118756
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 17.00
    Price Source: user provided

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