Law Schedule of Classes

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

Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.

245 sec. 003 - Negotiations (Spring 2023)

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

Units: 2
Grading Designation: Graded
Mode of Instruction: Remote Instruction


F 3:30 PM - 5:30 PM
Location: Internet/Online
On 2023-01-27

Sa 09:30 AM - 2:30 PM
Location: Internet/Online
On 2023-01-28

F 3:30 PM - 5:30 PM
Location: Internet/Online
On 2023-02-10

Sa 09:30 AM - 2:30 PM
Location: Internet/Online
On 2023-02-11

F 3:30 PM - 5:30 PM
Location: Internet/Online
On 2023-03-03

Sa 09:30 AM - 2:30 PM
Location: Internet/Online
On 2023-03-04

F 3:30 PM - 5:30 PM
Location: Internet/Online
On 2023-03-17

Sa 09:30 AM - 2:30 PM
Location: Internet/Online
On 2023-03-18

Course Start: January 27, 2023
Course End: March 18, 2023
Class Number: 31939

Enrollment info:
Enrolled: 14
Waitlisted: 0
Enroll Limit: 20
As of: 08/24 11:03 PM

This course will help you improve your negotiations with clients, partners, associates, paralegals, judges, classmates, professors, friends, and family members. Also, this course will teach you how to listen more effectively, respond to difficult tactics, navigate demographic barriers, identify ethical boundaries, manage strong emotions, represent a client in a negotiation, and deal with complex, multi‐party negotiations. In other words, it will help you improve the kinds of conversations you have every single day.

Students will learn a structured approach to negotiation that can guide the way you measure negotiating success, prepare for a negotiation,
conduct a negotiation, and review a negotiation. This particular approach is called "integrative," "principled," or "interests-based" negotiation, and it grew out of the work developed at the Harvard Program on Negotiation. Integrative negotiation focuses on maximizing value and strengthening relationships.

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. Our inquiry will be grounded in established theories of negotiation, which we will use 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. We will examine a variety of contexts and problems that create a need for negotiation and raise questions about what it means to negotiate well.

Class will meet on four Friday afternoons and four Saturdays: January 27th & 28th, February 10th & 11th, March 3rd & 4th, and March 17th & 18th. Full attendance at all dates is required. Any enrolled students who are not present at the start of the first day of class will be dropped from the course.

Due to the nature of this class, none of the sessions will be recorded and posted except for accommodation of students with disabilities. 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

Emily Epstein has taught negotiation skills for over two decades throughout the Americas, Asia, and Europe. She hasconducted hundreds of trainings for a wide range of businesses and non‐profits, including Apple, Autodesk, Pinterest, Deloitte, KLM-Air France, Genentech, the California
State Parks Foundation, the American Diabetes Association, Paul Hastings, Morrison Foerster, and Munger Tolles & Olson. In addition to teaching at Berkeley Law for over a decade, she has served as associate faculty at Harvard Law School’s Program on Negotiation and adjunct faculty at the Georgetown University Law Center. Ms. Epstein earned her J.D. from the Georgetown University Law Center, and her recent amicus brief was cited by the Chief Justice of the United States Supreme Court.

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

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