Classes & Clinics

          Golden Gate Bridge


          Non-prerequisite Course Offerings:


          CIVIL JUSTICE MEDIATION CLINIC (6 units, 3 non-GPA classroom units & 3 pass/fail fieldwork units)

          Visit the Mediation Clinic Webpage

          Fall 2016 Mandatory Information Session Schedule

          Mediation Clinic Application

          Instructors: Carol Izumi & Betsy Chandler

          Students in the UC Hastings Mediation Clinic learn how to deal with conflict effectively, personally, and regularly.  A lawyer’s job involves conflict and problem-solving on a frequent basis.  Thus, the Mediation Clinic provides excellent training and instruction for any type of practice a student may enter after graduation.  Mediation Clinic students study dispute resolution theories, develop communication skills and process management techniques, and apply that learning as neutral third parties helping people resolve ongoing disputes.  Working in 2-person teams, students provide a structured, collaborative process that allows disputants to design their own solution to their conflict.  In mediations, students gather information, identify interests and options, strategize, deal with emotions, help the parties negotiate, and draft settlement agreements. 

          Academic Component: The Mediation Clinic seminar meets Tu/Th from 9:40-11:50.  There is an intensive 2-day training early in the semester.  Students learn mediation theory and practice, analyze conflict dynamics, develop strategies and techniques, study ethical rules and policy issues, engage in simulation and role-playing exercises, and provide and receive constructive feedback.  Students submit three self-assessment essays (beginning, mid-term, and end of semester).  In the last few seminars, student teams give presentations on topics of their choice.  Student teams facilitate case “rounds” discussions throughout the semester.

          Fieldwork Component: Mon.-Thurs. the UC Hastings Mediation Clinic serves as the “Mediation Department” for the Superior Court of San Francisco Small Claims Court, offering free and immediate mediation to self-represented litigants who appear for trial.  Two students are assigned to each of the 7 court calendars every week.  Student teams also mediate retaliation cases on behalf of the California Department of Industrial Relations and observe professional mediators in a variety of cases (e.g., civil rights, Americans with Disabilities Act cases, employment, discrimination, police/civilian disputes).  Students regularly write reflection and observation papers about their mediations and court appearances.


          ALTERNATIVE DISPUTE RESOLUTION SEMINAR (2 units)

          Instructor: Clark Freshman

          Satisfies writing requirement. This seminar will examine the legal, ethical and policy issues in non-judicial resolution of individual and group disputes through negotiation, mediation, arbitration and other methods. Building on a theoretical foundation, the seminar will consider the advantages and disadvantages of both court-annexed and private ADR.


          ARBITRATION (2 units)

          Instructor: Clark Freshman

          This course will survey arbitration from two perspectives. First, the course will examine leading arbitration doctrines. Such questions include the powers of arbitrators; the choice of law (explicitly and implicitly) by arbitrators; the types of arbitration subject to special requirements (such as “statutory” and “employment” and “public policy”); the ability of courts to review arbitration decisions. Second, the course will examine how to write arbitration agreements to serve the interests of clients and to survive challenges in light of renewed suspicion by courts and legislatures. There will be a mandatory two to six hour class on one Saturday to see simulated arbitrations and reactions by students and leading practitioners, including arbitrators and attorneys. The class will primarily cover domestic arbitration but will include some reference to international doctrine and practice. Grading will be based on an exam.


          EFFECTIVE REPRESENTATION IN MEDIATION (1 unit)

          Instructor: Howard Herman, Robert Dobbins

          This course is designed to give students an overview of the skills they will need to be effective representatives for clients in mediation. The class begins with an introduction to the mediation process and how it fits into the various options for dispute resolution commonly used in our legal system. The students will then learn about the most important styles of mediation and the various skills that are needed to perform effectively depending on the style of mediation employed. Students will have an opportunity to participate in simulated mediation sessions. The course also will include segments on how to choose an appropriate mediator and ethical concerns relating to the representation of clients in mediation.

          NOTE: Students who have previously taken Mediation or the Mediation Clinic ar precluded from enrolling in this course.


          FACILITATION FOR ATTORNEYS (1 unit)

          Instructor: Ann Shulman, Jessica Notini

          This course is designed specifically for law students and applies facilitation to real world situations in the legal profession such as meetings of: Boards of Directors (for non-profits and for-profits); corporate shareholders; public committees and councils; co-counsel and law firm staff. Facilitation is particularly valuable in situations where developing and preserving strong, continuing working relationships is important, or where there are highly charged personal interactions, such as between birth mothers and adopting parents, between employers and employees or Unions, among heirs to an estate, or in condominium or professional associations.


          INTERCOLLEGIATE ADR COMPETITIONS (1 unit)

          Instructor: Clint Waasted

          Satisfies professional skills requirement only if 2 units are received. Since its formation in 2000, the Hastings Negotiation Team has successfully competed in national and international negotiation and mediation competitions. Students participate in 2-member teams negotiating deals and settling disputes arising in a variety of factual and legal contexts. The competitions are held in-person and online using specialized web-based technology. In participating on the Team, students receive individual support, coaching and mentoring designed to maximize competitive performance, to increase understanding of legal problems and their practical implications, and to develop problem-solving skills. Hastings pays for the travel costs (including meals and lodging) to in-person competitions. Students who win regional events also compete at national final rounds.

          The tryout for the Team is an In-School Competition held in late September or early October. The In-School Competition is open to all Hastings students, and consists of two rounds of negotiation and mediation. It is judged by panels of mediators, local practitioners, coaches and experienced team members using competition standards. To prepare interested students for the In-School Competition, a month of weekly coached practices is offered during September.

          *Team members receive one unit of credit for each semester in which they participate in an outside competition.


          INTERNATIONAL COMMERCIAL ARBITRATION SEMINAR (2 units)

          Instructor: James Schurz

          Satisfies writing requirement. This seminar will focus on specific issues that arise in the context of international litigation and arbitration. Topics will include conflict of laws, the extraterritorial application of statutes, personal jurisdiction over foreign defendants, the doctrine of forum non conveniens, jurisdiction under the Foreign Sovereign Immunities Act, jurisdiction under the Alien Tort Statute, the act of state doctrine, conducting discovery abroad, the enforceability of arbitration clauses, and the enforcement of foreign judgments and arbitral awards.


          JUDICIAL SETTLEMENT CONFERENCE (1 unit)

          Instructor: Maria-Elena James

          Litigators are frequently called to participate in judicially supervised settlement conferences before taking a case to trial. Understanding how settlement conferences are conducted, the perspectives of the judge, the clients and opposing counsel, as well as how to prepare an effective settlement conference statement, and how to address problems as they arise are essential skills for courtroom lawyers. This course will cover the law and practice of judicially- supervised settlement conferences and include an opportunity to observe a conference for a real case run by an experienced Magistrate Judge in Federal District Court. Students will be required to prepare a settlement conference statement for a hypothetical litigated case and to keep a journal integrating class discussions and readings with their reflections and observations about the settlement conference they observe.


          NEGOTIATION & MEDIATION: PROCESS & PRACTICE (4 units)

          Instructors: Melissa Nelken, Clark Freshman, Sheila Purcell

          Satisfies professional skills requirement. This course is an introduction to the theory, process, and practice of negotiation and mediation, to help students improve their skills as negotiators and develop a framework for self-learning in the future. In addition to group discussions, classroom instruction will rely heavily on simulation, videotaped demonstrations, and small group work assignments. There will be required readings for most classes and a number of short written assignments related to particular classes and outside-of class simulation exercises.

          NOTE: Students who enroll in this course may not enroll in Negotiation & Settlement (3 units).


          NEGOTIATION & SETTLEMENT (3 units)

          Instructors: James Birkelund, Russell Brunson, Karen Carrera, Karl Christiansen, John Dean, Robert Dobbins, John Ford,Robert Fries, Jonathan Gross, Jan Gruen, Peeyush Jain, Maria Joseph, Lucia Kanter, Arlene Kostant,Jason Meek,Sandy Narayan, Jessica Notini, Amy Slater, Rochael Soper

          Satisfies professional skills requirement. This course is an introduction to the theory, process, and practice of negotiation to help students improve their skills as negotiators and develop a framework for self-learning in the future. In addition to group discussions, classroom instruction will rely heavily on simulation and video tape review. There will be required readings for most classes and a number of short written assignments related to particular classes and simulation exercises.

          NOTE: Students who enroll in this course may not enroll in Negotiation & Mediation: Process & Practice (4 units).


          PROBLEM SOLVING & PROFESSIONAL JUDGMENT IN PRACTICE (3 units)

          Instructor: Mark Aaronson

          The purpose of this course is to help prepare law students for their roles as responsive and creative problem solvers in whatever lawyering context they find themselves practicing. The course objectives are (1) to introduce students to various aids to formal problem solving and decision making drawn largely from the social sciences; (2) to alert students to the kind of social, psychological and cognitive phenomena that sometimes impair judgment and erode the ability to make good decisions; and (3) to spur their creativity and imagination by analyzing some fictional and real life accounts of non-formulaic, lawyer problem solving. Students will confront problems in a variety of substantive legal contexts. The material will be presented through case studies (like those used in business schools); performance of role play simulations; analytical articles on topics such as creative problem solving, professional decision making, and biases in judgment; and discussion of fictional and real-life lawyering narratives. While there will be a substantial legal component to every exercise, students will have to assimilate and apply knowledge from other fields, such as statistics, game theory, cognitive science, and virtue ethics.


          ROLES & ETHICS IN PRACTICE (4 units)

          Instructors: Miye Goishi, Eumi Lee

          An introduction to legal ethics as well as some of the tasks, roles and relationships of law practice, this limited-enrollment course satisfies the professional responsibility requirement. While students will become familiar with the body of rules that govern professional conduct in the legal profession, classroom examination of specific rules will be selective and related to lawyer decision-making in specific practice contexts. Against a background of information on the legal profession and the varied careers it offers, the course will use simulated problems drawn from both criminal and civil practice to introduce students to recurrent ethical issues in those contexts, as well as to some of the skills involved in client interviewing and counseling, fact development, and negotiation. Students will be required to write a number of short papers, participate in frequent in-class role plays and other exercises, and take part in videotaped simulations outside of class. These activities will account for 45% of the grade, with 20% of the grade based on an objective examination on the rules of professional responsibility, and 35% on a take-home essay exam calling for thoughtful analysis of the types of ethical issues encountered in practice.

          NOTE: Students who enroll in this course may not enroll in Legal Ethics & the Practice of Law (3 units), or Professional Responsibility (2 units).


          ADVANCED COURSE OFFERINGS

          [requiring Negotiation & Settlement or Negotiation & Mediation as a prerequisite]:


          ADVANCED DISPUTE RESOLUTION: COMPLEX MULTIPARTY PROCESSES (3 units)

          Prerequisite: Negotiation & Mediation: Process & Practice or Negotiation & Settlement

          Instructor: Jessica Notini, Robert Dobbins

          This course builds on the concepts and skills covered in the basic courses on negotiation. It will focus on the complexities of multi-party, multi-issue and team negotiations; how groups function; the role and significance of party constituencies; and the political and ethical aspects of large-scale negotiations, etc. Classroom instruction will involve group discussion of case studies, simulation exercises, and small group work assignments. There will be required readings for all classes, out of class exercises, and a number of individual and group written assignments, in addition to a final examination.


          ADVANCED DISPUTE RESOLUTION: CONFLICT, EMOTION, MINDFULNESS, AND "LIE DETECTION"(2 units)

          Prerequisite: Negotiation & Mediation: Process & Practice OR Negotiation & Settlement

          Instructor: Clark Freshman

          This seminar explores how emotion affects how individuals and groups perceive and resolve conflict. Part of the class will involve an exploration of the science of basic emotions, including how emotions may be identified in oneself and in others. This seminar also explores ways to manage emotions in oneself and in others. Students will learn and practice both internal and external mindfulness. Internal mindfulness involves awareness techniques sometimes described as “meditation,” but they are taught in an entirely secular way along the lines of mindfulness-based stress reduction. External mindfulness involves awareness of the emotions of others and is a stepping stone to better interviewing, evaluating truthfulness, and “lie detection.” In lieu of some otherwise scheduled class sections, the class will meet on a Saturday during the semester to introduce internal and external mindfulness. Students will be graded based on a mindfulness journal (to be submitted on designated dates on line), several reaction papers during the semester, class participation, and a final paper. The seminar may be taken to satisfy the writing requirement (in which case the final paper must be longer and involve additional research). Those who elect not to receive writing credit will write a shorter paper.


          ADVANCED DISPUTE RESOLUTION: CULTURE, IDENTITY, AND DISCRIMINATION (2 units)

          Prerequisite: Negotiation & Mediation: Process & Practice or Negotiation & Settlement

          Instructor: Clark Freshman

          This seminar addresses various ways that culture, identity, and discrimination affect dispute resolution. Cultural questions include (1) historical and sociological accounts of the way that different groups have resolved disputes (such as mediation and arbitration by Jews, Muslims, and other religious groups); (2) ways that dispute resolution professionals sometimes think about the ways those from different cultures deal with disputes; (3) theoretical and practical tensions involved when parties to a dispute may be parts of competing cultures, such as the treatment of women by dispute resolution systems that reflect historically patriarchal societies. Questions of identity include the contrast between economic theories that assume individuals maximize expected value of some relatively narrow set of goods and other theories that suggest senses of identity often restrict how individuals negotiate. Questions of discrimination include: (1) doctrinal questions, such as when a lack of diverse arbitrators may open an arbitration award to discrimination; (2) empirical accounts of the different results that women and minorities receive in both classroom negotiations and actual negotiations; (3) policy proposals to promote greater equality, such as disclosure of information about results of similar negotiations (e.g., prices charged to other consumers for similar cars.). Seminar readings will reflect a wide range of approaches to law, including empirical studies, law and economics, feminist jurisprudence, and critical race theory.


          ADVANCED NEGOTIATION: THE ART OF THE DEAL (2 or 3 units, instructor discretion)

          Prerequisite: Negotiation & Mediation: Process & Practice or Negotiation & Settlement.

          Instructor: Jason Meek

          This advanced course in deal making builds on the concepts and skills covered in the basic courses on negotiation. Class sessions will explore the many dimensions of deal making with the goal of providing students with proven and innovative approaches to creative problem solving and consensus building in a business context. The first part of the course will focus on strategic and analytical tools to identify parties’ interests, assess barriers to agreement, and create and claim value. The second part of the course will examine the psychological and interpersonal aspects of players involved in deal making, including the organization as a whole and the negotiator/lawyer. Group discussions will include a topical study of perception, leverage, emotion, trust, decision-making, leadership, ethics, and social intelligence. The third and last part of the course will integrate the learning and allow students to practice “the art of the deal” in complex negotiation role plays involving multiple parties, issues and emotions. The emphasis of this course will be on business negotiations and the role of deal making in corporate and organizational development. Students with non-business interests will also find the tools taught in this course useful and highly relevant to other practice areas. Classroom instruction will feature analysis of complex case studies, negotiation role plays, and student presentations. There will be required readings for all classes. Grades will be based on class participation, a number of short written assignments and a final examination. This class is limited to 24 students.


          ALTERNATIVE DISPUTE RESOLUTION BOARD (1 unit)

          Prerequisite: Negotiation & Mediation: Process & Practice or Negotiation & Settlement.

          Instructor: Clint Waasted

          ADR Board members participate in organizing and training the ADR Team throughout the school year. They assist with the development of new and prospective Team members by helping them prepare for negotiation and mediation practice sessions, and conducting instructional sessions in Problem Analysis, Making Opening Statements, Listening, Questioning & Reframing, and Self-Evaluation. They judge practice sessions, proofread and edit negotiation planning documents, provide written and oral guidance to their advisees on the topic of practice negotiations and the law pertaining to these simulations, conduct video practice sessions, lead debriefing sessions and provide individual feedback designed to develop their negotiation skills, problem-solving ability and experience in the competition environment. Board Members also attend regular meetings with the Team Coach to improve their teaching skills, and feedback and mentoring techniques.

          Board members recruit new Team members. They organize and manage the logistics for practice and teaching sessions. They maintain the Team’s website to provide participants with the Team’s calendar, assigned roles for practice sessions, competition links, reading materials, and other information. They assist in the organization of the annual In-School Competition, the qualifying event for membership on the Team.


          CROSS-CULTURAL NEGOTIATION AND DISPUTE RESOLUTION (2 units)

          Prerequisite: Negotiation & Mediation: Process & Practice or Negotiation & Settlement

          Instructor: Karen Bhangoo Randhawa

          This course surveys the impact that cultural differences, stereotypes and attributions have on key dispute resolution processes. It is designed to build theoretical knowledge, and give students an analytical framework useful in determining suitable dispute resolution processes, and to instill practical skills and strategies to enhance effectiveness in cross-cultural contexts. Cultural differences including values and world-views are examined along various dimensions: orientation towards the individual or the collective community; deference to authority, particularly in a dispute resolution context; extent to which expectations for behavior are implicit or explicit; perceptions and impact of cultural starting points as applied to mediation/negotiation models. Specifically, this course will also look at international and domestic dispute resolution processes including negotiation, mediation and arbitration and the influence of culture within these processes.  Students will be graded on the basis of in-class exercises and several papers of varying length, including a research paper 


          DISPUTE SYSTEM DESIGN (2 or 3 units, instructor discretion)

          Prerequisite: Negotiation & Mediation: Process & Practice or Negotiation & Settlement or ADR Survey course

          Instructor: Sheila Purcell

          This advanced course in dispute system design will broaden the student’s skill set to include being able to diagnose dispute systems and recommend dispute system design approaches that go beyond traditional litigation. As organizations and their leaders become conscious of the rising cost of disputes they are looking for opportunities to be more effective and efficient in the procedures they develop to address groups of conflicts. Customized approaches to dispute management have led to the evolving field of dispute system design. Students will be guided through the use of dispute system assessment, system design, implementation and evaluation. Topics to be developed will be how to identify the elements that can be found across dispute systems, how the goals of systems compare to the outcomes, how to seize the opportunity to create customized approaches, how various dispute system models were developed and what values they reflect. The course will also consider the implications of privatizing justice and the impact of dispute system design and control upon the broader concepts of justice. The emphasis will be on case studies that provide guiding principles for successful design, implementation and evaluation of dispute management systems. Students will also be expected to critique how and why some of these systems fall short in delivering on stated goals. Throughout the course these systems will be compared to our traditional civil and criminal justice systems. Instruction will include a dissection of complex dispute system designs in a number of areas- labor relations, courts, mass tort claims, world trade, corporations, online dispute resolution and transitional justice. Guest speakers will both lecture and provide feedback on student exercises. There will be required readings for all classes and at the end of the term students will present papers. This class is limited to 24 students.


          INTERNATIONAL BUSINESS NEGOTIATION (3 units)

          Prerequisite: Corporations or International Business Transactions.  Recommended: Negotiation & Mediation or Negotiation & Settlement.

          Instructors: Tom Duley, Hilary Gevondyan

          This course is based on experiential learning structured around an extended simulated negotiation of a business transaction. It is a skills course focused on the skills of transactional lawyering and negotiation rather than the substantive law governing international business transactions. The goals are (i) to introduce students to transactional law, (ii) to provide negotiations training in the context of transactional practice, and (iii) to further their practical legal skills. The focus is on having students apply their legal and non-legal knowledge in the context of serving as a lawyer negotiating a "real" business transaction within the controlled environment of the classroom. Students become immersed in the thought process of a transactional lawyer as they progress through the negotiation, learn the relevance of the facts of the transaction, explore the interface of business and law; and draw upon their intellectual and emotional resources to solve the problems that arise "real time" during a transaction as the negotiation proceeds. Most importantly, the negotiations are serial, building on each session, and students experience a transaction from beginning to end and do so in the safe haven of the classroom where any "mistakes" become lessons and not malpractice claims. Class time focuses on negotiation skills and strategies, the legal and business issues relevant to the negotiation, how such matters are addressed in legal documents, issues of cross-cultural and developing economy negotiations, approaches for dealing with impasse and frustration, and the ethics of negotiation. Upon completion of the course, students have developed facility with actual negotiations, an understanding of transactional practice, and an appreciation of what it means to be a transactional lawyer engaged in a cross-border or domestic transactional negotiation, learning how a legal education is utilized to achieve practical business and social objectives.


          INTERNATIONAL NEGOTIATION AND DISPUTE SETTLEMENT (2 units)

          Prerequisite: Negotiation & Mediation: Process & Practice or Negotiation & Settlement.

          Instructor: Robert Dobbins

          This course contemplates a systematic exploration of negotiation and dispute resolution processes, as well as application of those principles across a range of legal disciplines: commercial, environmental, human rights and security.

          The course will examine direct and facilitated negotiation among countries on substantive issues, as well as development of the dispute settlement system parameters under which disputes are resolved. International regulatory agreements cover a diverse array of topics: climate change, nuclear proliferation, human rights, international trade, species destruction, and intellectual property. All of these require some reliable means to achieve performance of obligations. A range of compliance systems will be studied, including reporting, verification, and enforcement tools.


          MEDIATION (3 units)

          Prerequisite:Negotiation & Mediation: Process & Practice or Negotiation & Settlement.

          Instructors: Martin Quinn, Howard Herman, Mary McLain, Clint Waasted

          This course builds on the negotiation theory and practice taught in a prerequisite course. It combines a scholarly approach to mediation theory and process with practice in techniques and skills for mediators and advocates in mediation. The weekly format includes discussion, demonstration, and role-playing exercises. There will be required readings for most classes and a number of short written assignments.

          NOTE: Students who enroll in this course may not enroll in the Civil Justice Mediation Clinic (6 Units).