Law Schedule of Classes

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

245 sec. 002 - Negotiations (Fall 2025)

Instructor: Joyce Winters  (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only

Units: 2
Grading Designation: Graded
Mode of Instruction: In-Person

Meeting:

Th 5:45 PM - 8:25 PM
Location: Law 240
From August 21, 2025
To October 23, 2025

Course Start: August 21, 2025
Course End: November 01, 2025
Class Number: 32028

Enrollment info:
Enrolled: 18
Waitlisted: 0
Enroll Limit: 20
As of: 03/16 07:03 AM


This is an introductory class intended to expose students to the “art” of negotiation. Negotiation skills are absolutely essential in all areas of life, whether you are negotiating with loved ones or negotiating as part of your law practice—regardless of whether you are a corporate attorney negotiating business transactions, a labor and employment attorney, a litigator, or any other specialty. Lawyers are constantly involved in negotiation, on multiple levels—with staff, partners, vendors, clients, opposing counsel, etc. You will be learning primarily by doing. It is my firm belief that there is no one right way to negotiate. Anyone can learn to be a skilled negotiator. I will help you use your natural strengths to improve your negotiation skills and find your unique negotiation style. This class is experiential in nature, with a mix of lecture, discussion, negotiation roleplays, and exercises. My goal is that by the end of this course, you will be a confident and effective negotiator, having improved your communication and conflict management skills.

Learning outcomes
You will learn to:

1. Understand and become familiar with the language of negotiation.
2. Recognize and employ both distributive and integrative bargaining methods.
3. Understand and manage the tensions inherent in each bargaining situation.
4. Apply various methods and tools for planning and doing negotiations.
5. Listen actively, pay attention to nonverbal cues, reflect back, and use these skills when working with clients before and during negotiations
6. Effectively interview, advise, and prepare clients for negotiations.
7. Recognize and deal with ethical conflicts that may arise in negotiations.
8. Recognize and adjust to different personality types in the other negotiator.
9. Navigate the additional dynamics at issue in a multi-party negotiation.


Biography of Instructor

Joyce Winters is a highly experienced Corporate Transactional Attorney with over 25 years of expertise across a diverse range of industries, including technology, retail, and banking. She specializes in intellectual property transactions, commercial contracts, and negotiations.
Throughout her career, Joyce has served in both in-house senior counsel roles and as outside counsel for Fortune 500 companies, including Wells Fargo, the Gap brands, and Salesforce. She has also worked with mid-sized software and data analytics firms, such as FICO, as well as providing general counsel and transactional services to retail and technology startups in the eCommerce and software sectors.

Joyce’s broad legal expertise encompasses intellectual property and software licensing, digital media, entertainment, and technology law, advertising and marketing compliance, online privacy, payments, and e-commerce, as well as corporate and commercial law. She is well-versed in data privacy, regulatory laws, and internet-related legal issues.

Joyce holds a J.D. from UC College of the Law, San Francisco, and a B.S. in Communications from Boston University. She resides in Marin County with her husband, two daughters, and their beloved terrier-lab mix.

Requirements Satisfaction:


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


View teaching evaluations for this class - degree students only

Exam Notes: (None) Series of papers or assignments throughout the semester
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Simulation Courses

Files:

If you are the instructor or their FSU, you may review any previously attached files like a syllabus or a first assignment.

Class materials may also be available on bCourses.berkeley.edu

Readers:
No reader.

Books:
Required Books are in blue

  • Bargaining for Advantage: Negotiation Strategies for Reasonable People
    G. Richard Shell
    Edition: 3rd
    Publisher: Penguin
    ISBN: 9780143036975
    e-Book Available: Yes
    e-Book procurement note: https://www.penguinrandomhouse.com/books/298835/bargaining-for-advantage-by-g-richard-shell/
    Price: $11.00
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.
  • Difficult Conversations: How to Discuss What Matters Most
    Douglas Stone, Bruce Patton, Sheila Heen
    Edition: 3rd
    Publisher: Penguin
    ISBN: 9780143137597
    e-Book Available: Yes
    e-Book procurement note: https://www.penguinrandomhouse.com/books/722989/difficult-conversations-by-douglas-stone-bruce-patton-and-sheila-heen-foreword-by-roger-fisher/
    Price: 13
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.

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