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. 004 - Negotiations (Spring 2026)
Instructor: Jill Kopeikin (view instructor's teaching evaluations - degree students only)
Instructor: Jonathan U Lee (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only
Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
W 6:25 PM - 9:05 PM
Location: Law 113
From January 14, 2026
To April 22, 2026
Course End: April 22, 2026
Class Number: 34102
Enrollment info:
Enrolled: 20
Waitlisted: 0
Enroll Limit: 20
As of: 02/25 10:37 AM
This course combines theory, skills, and law. You will have the opportunity to negotiate, 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 one mandatory Saturday class on April 11 or April 18 from 9AM-1200PM.
Learning outcomes
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
* Understand the ethical responsibilities of a lawyer in negotiations
* Obtain a basic understanding of how to negotiate in mediation
Biography of Instructor
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-Law SFHastings 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.
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.
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Requirements Satisfaction:
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Exam Notes: (SP) Presentations that count for a significant portion of the grade
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Simulation Courses
If you are the instructor or their FSU, you may add a file like a syllabus or a first assignment to this page.
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: unknown
Price: $11.00
Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time. - Beyond Winning
Robert H. Mnookin, Scott R. Peppet, Andrew S. Tulumello,
Edition: 2004
Publisher: Belknap Press
ISBN: 9780674012318
e-Book Available: unknown
Price: 5.99
Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time. - Getting to Yes: Negotiating Agreement Without Giving In
Roger Fisher, William L. Ury, Bruce Patton
Edition: 2011
Publisher: Penguin
ISBN: 9780143118756
e-Book Available: unknown
Price: 18.00
Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time. - See course description for details
Role Play Case Files
e-Book Available: unknown
Price: 40
Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.