245 sec. 003 - Negotiations (Fall 2023)
Instructor: Esther Kim (view instructor's teaching evaluations - degree students only)
Instructor: Jonathan Lee (view instructor's teaching evaluations - degree students only | profile)
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Grading Designation: Graded
Mode of Instruction: In-Person
Tu 6:25 PM - 9:05 PM
Location: Law 115
From August 22, 2023
To November 21, 2023
Sa 09:00 AM - 1:00 PM
Location: Law 115
Course End: November 21, 2023
Class Number: 31612
Enroll Limit: 20
As of: 12/01 06:03 AM
This course combines theory, skills and law. You will have the opportunity to negotiate, mediate, represent clients, be clients and observe role-plays. Please let yourself get into the roles, prepare where appropriate and take them seriously. Role-plays provide an opportunity to experience the process, experiment and receive feedback. The reading on negotiation theory and research will inform weekly negotiation exercises. The intensive nature of this class provides students with an opportunity to evaluate their own skills, to experiment with new skills and techniques, and to work closely with one another. Full engagement will require preparation each week as well as in-class participation. There will be a mandatory Saturday class on November 11th 9AM-1PM.
Students in the course will be expected to achieve the following Berkeley Law Learning Outcomes:
(a) Knowledge and understanding of substantive and procedural law relating to negotiation;
(b) Legal analysis and reasoning, problem-solving, and written and oral communication in the legal context;
(c) Exercise of proper professional and ethical responsibilities to clients and the legal system; and
(d) Using the law to solve real-world problems.
In addition, students in the course will be expected to achieve the following course-specific outcomes:
* 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 understanding of diverse backgrounds in negotiation dynamics
* Understan d the ethical responsibilities of a lawyer in negotiations
* Obtain a basic understanding of how to negotiate in mediation
Biography of Instructors
Esther Kim is a partner with Turner, Huguet, Adams & Farr, a small firm in Martinez, where she represents clients in estate planning, trust administration and probate matters. She is the current Co-President of the Estate Planning and Probate Section of the Contra Costa County Bar Association and a past Board Member of the Diablo Valley Estate Planning Council. She formerly worked as a civil litigator at Cooley and as a staff attorney for the Santa Clara County Bar Association, where she helped to develop and implement an early court-administered ADR program. Prof. Kim is also a trained mediator having received her training from Pepperdine University as well as community based mediation with Community Boards, a nonprofit dispute resolution provider, in San Francisco. She earned her undergraduate degree from Pennsylvania State University and her law degree from Georgetown University Law Center and has an LL.M in Tax from Golden Gate University.
Jonathan U. Lee is an Assistant United States Attorney prosecuting firearms, drugs, and other violent crimes, as well as cases involving internet-based crimes against children, labor trafficking, fraud, and embezzlement. He formerly practiced civil litigation for a private firm in San Francisco, for the San Francisco City Attorney's Office and as an Assistant U.S. Attorney. He serves as a court appointed mediator for federal and state courts. Prof. Lee also serves as adjunct faculty teaching advanced trial advocacy at UC-Hastings and has in the past taught trial advocacy for UC-Berkeley and John F. Kennedy University law schools, and for the Department of Justice's National Advocacy Center in Columbia, South Carolina. He earned his undergraduate degree from Washington University and his law degree from Georgetown University Law Center.
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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
- Lawyer Negotiation: Theory, Practice, and Law
Jay Folberg, Dwight Golann
Edition: 3d ed
Publisher: Wolters Kluwer Law & Business
e-Book Available: unknown
Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.