LAW4160 · Negotiation and conflict resolution

Overview

Drawing on ideas first popularised at the Harvard Negotiation Project and on work from a variety of research perspectives, this unit examines the theory and practice of negotiation and aims to improve students' effectiveness as negotiators. Adopting an intensive experiential learning approach that incorporates seminars, readings, simulations, exercises and discussion, students will: analyse different negotiating styles; practice utilising a principled negotiation framework; learn how to collaborate, create and claim more value; influence and communicate more effectively; better manage emotions; deal with difficult tactics; and reflect on issues of ethics and deception. In addition, students will explore a spectrum of other ADR processes (including mediation as a form of facilitated principled negotiation) and consider related issues of suitability, choice and the role of the lawyer.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Demonstrate negotiating behaviour in a variety of contexts and document reflective analysis as to what works, what doesn't work, and why;
2. Explain and apply the theories of integrative negotiation, distributive negotiation and principled negotiation in real-world contexts;
3. Express effective negotiation, mediation and conflict resolution decisions based on conscious, rational, informed choice, from a broad array of available tools and methods;
4. Generate real-time appropriate responses in a variety of legal and interpersonal contexts;
5. Demonstrate the ability to recognise and appropriately address ethical issues generated in preparing for and participating in negotiation;
6. Demonstrate the ability to collaborate and communicate in ways that are efficient, effective, appropriate and persuasive; and
7. Reflect on and evaluate their own capabilities and performance, with a view to continuing personal and professional development.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is up to 144 hours per teaching period typically comprising a mixture of scheduled learning activities and independent study. This is specialist unit is delivered over 5 full days of workshops in one intensive teaching week and participation is essential to fulfill the unit learning outcomes.

Student experience, not official rules. Nothing here changes what the Handbook says.