Law Schedule of Classes

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

245 sec. 002 - Negotiations (Fall 2020)

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

Due to COVID-19, this class is remote for Fall 2020.
Mode of Instruction: Remote Instruction


W 10:00 AM - 12:40 PM
Location: Internet/Online
From August 19, 2020
To November 24, 2020

Sa 2:00 PM - 4:40 PM
Location: Off Campus
On 2020-11-14

Course Start: August 19, 2020
Course End: November 24, 2020
Class Number: 32244

Enrollment info:
Enrolled: 16
Waitlisted: 0
Enroll Limit: 16
As of: 12/07 09:41 AM

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 14th.

The course involves extensive, intensive feedback. The assessment in this course will be a series of papers and oral presentations.

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.

Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency.

Biography of Instructor:
Hon. Elaine Rushing (Ret.) served on the Sonoma County Superior Court for nearly 2 decades, including 5 years as Supervising Judge of the Civil Division. 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. As a neutral at Judicial Arbitration and Mediation Services (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.

Real-time attendance at the first Zoom 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 or have prior permission of the instructor 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

  • Bargaining for Advantage: Negotiation Strategies for Reasonable People
    G. Richard Shell
    Publisher: Penguin
    ISBN: 9780143036975
    e-Book Available: Yes
    e-Book procurement note:
    Copyright Date: To Be Determined
    Price: $24.99
    Price Source: user provided
  • Getting to Yes: Negotiating Agreement Without Giving in
    Roger Fisher, William Ury, Bruce Patton
    Publisher: Penguin Paperbacks
    ISBN: 9780143118756
    e-Book Available: Yes
    e-Book procurement note:
    Copyright Date: To Be Determined
    Price: 8.69
    Price Source: user provided
  • Never Split the Difference: Negotiating As If Your Life Depended On It
    Chris Voss, Tahl Raz
    Publisher: HarperCollins
    ISBN: 9780062407818
    e-Book Available: Yes
    e-Book procurement note:
    Copyright Date: To Be Determined
    Price: 18.61
    Price Source: user provided

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