Law Schedule of Classes

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

245 sec. 005 - Negotiations (Spring 2020)

Instructor: Tamara Lange  (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only

Units: 3

Due to COVID-19, law school classes were graded as credit/no pass in spring 2020.


    M 6:25 PM - 9:05 PM
    Location: Law 107
    From January 13, 2020
    To April 28, 2020

Course Start: January 13, 2020
Course End: April 28, 2020
Class Number: 32285

Enrollment info:
Enrolled: 16
Waitlisted: 0
Enroll Limit: 16
As of: 06/16 11:02 PM

Most law school courses teach legal principles, exposition, and assertion. This class focuses on the fine arts of listening, strategy, and persuasion in order to prepare students to negotiate more effectively on behalf of clients, with colleagues, and in personal relationships.

Negotiation is learned through practice and self-reflection, so we will do a new role-play exercise each week, followed by a debriefing to draw out key lessons for the whole class. Exercises will increase in complexity over the course of semester to develop students’ skill and confidence. Students will become adept at reflective listening, client counseling, creating and claiming value, managing multi-party dynamics, responding to difficult tactics, and operating ethically.

There is no one-size-fits-all approach to negotiation. In-class exercises and individual coaching will help each student to develop the essential building blocks for effective negotiation regardless of personality or bargaining style. These building blocks include systematic preparation, curiosity, internal quiet, discernment, an ability to shift course mid-stream, confidence in one’s power to say no, the capacity to empathize without taking on more responsibility that is appropriate or acceding to the other person, respect for one’s negotiating partner, and clarity of purpose.

Reading on negotiation theory and research will inform weekly negotiation exercises. Each student will be paired with another student once during the semester to present on an independent reading assignment related to the regular reading required that week. This will involve 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.

Use of office hours, email, and scheduled phone calls is encouraged to allow ample time for individual feedback and coaching. At mid-term, the professor will meet with each student to discuss strengths, obstacles, and goals for the remainder of the course.

Course Objectives
~ Understand the ritual and stages of legal negotiation
~ Develop a systematic approach to preparing for a negotiation
~ Strengthen communication skills (listening, observing cues, expressing interests)
~ Develop a habit of questioning perceptions and relating with curiosity
~ Develop self-confidence, presence, and the ability to respond in the moment
~ Understand and recognize different negotiation styles and their strengths
~ Develop greater comfort with both adversarial and collaborative bargaining
~ Understand the role of relationship-building in negotiation
~ Develop tools for diffusing bias in negotiation dynamics
~ Understand the ethical responsibilities of a lawyer in negotiations
~ Obtain a basic understanding of how to negotiate in mediation

Biography of Instructor
Professor Lange worked for 20 years as a litigator and as a mediator in private practice before joining the U.S. District Court for the Northern District of California as ADR Program Counsel & Mediator. She brings to the classroom extensive experience negotiating, arguing, and mediating complex, high-value, and emotionally charged disputes. Professor Lange previously worked at Heller Ehrman; Caldwell Leslie (now Boies Schiller Flexner); the ACLU’s LGBT & AIDS Project; the National Center for Youth Law; and Santa Clara County Counsel, where she served as a Lead Deputy. She received her J.D. from Berkeley Law in 1995, Order of the Coif, and clerked for the Hon. Richard A. Paez and the Hon. William A. Fletcher.

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: (None) Class requires a series of papers, assignments, or presentations throughout the semester
Course Category: Simulation Courses

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Required Books are in blue

  • Difficult Conversations (10th-Anniv Ed)
    Edition: 2nd 2010
    ISBN: 9780143118442
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: $17.00
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Lawyer Negotiation
    Edition: 3rd 2016
    ISBN: 9781454852063
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 120.00
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.

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