Law Schedule of Classes

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

245 sec. 002 - Negotiations (Fall 2026)

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 - 8:15 PM
Location: Law 240
From August 20, 2026
To November 05, 2026

Course Start: August 20, 2026
Course End: November 05, 2026
Class Number: 32532

Enrollment info:
Enrolled: 20
Waitlisted: 4
Enroll Limit: 20
As of: 08/07 11:49 PM


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, strategies and tools for planning for each negotiation setting.
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 corporate transactional attorney with extensive experience advising on complex commercial and technology matters across the technology, retail, and financial services sectors. She currently serves as Senior Counsel at Walmart, supporting innovative, fast-paced business initiatives with practical and strategic legal guidance.

Joyce has held senior in-house and outside counsel roles at Fortune 500 companies, including Wells Fargo, Salesforce, and Gap Inc., and has advised mid-sized technology companies and early-stage startups in ecommerce and software. Her work reflects a business-oriented approach grounded in strong legal judgment.

She earned her J.D. from UC Law San Francisco, and a B.S. in Journalism from Boston University. Joyce lives in Marin County with her husband, two daughters, and a feisty terrier lab mix. In her free time, she enjoys hiking, sailing on the Bay, cooking, and discovering great food. She believes effective lawyering is grounded in careful preparation, practical and pragmatic judgment, and having a positive attitude.

Requirements Satisfaction:


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


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 add a file 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: 2006
    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.
  • Difficult Conversations: How to Discuss What Matters Most
    Douglas Stone, Bruce Patton, Sheila Heen
    Edition: 2023
    Publisher: Penguin
    ISBN: 9780143137597
    e-Book Available: unknown
    Price: 13
    Note: prices are sampled from internet bookstores. Law-school Bookstore prices are unavailable at this time.

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