Negotiation Theory and Practice

Subject 730-469 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Undergraduate
Dates & Locations:

This subject is not offered in 2008.

Time Commitment: Contact Hours: Intensive during the summer period
Total Time Commitment: Estimated total time commitment of 144 hours.
Prerequisites: Legal Method and Reasoning; Torts; Contracts; Dispute Resolution or in each case their equivalents.Other selection criteria: students will be required to complete a brief written application for admission to this subject. The application will address the following criteria: academic performance, interest in teamwork and commitment to meet the attendance requirement (see below 'Description' and 'Assessment'). Students who are closest to the completion of their degree will be given priority for admission to the subject. The subject will be available to all University of Melbourne Law students.
Corequisites: None
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support:


Subject Overview:

This will be a limited enrolment subject in which students will get intensive exposure to and experience of the theory and practice of negotiation and mediation. Topics covered will include the place of negotiation and mediation in dispute resolution systems, theories of conflict and disputing behavior, models of negotiation and mediation, similarities and differences between two-party and multi-party disputes, court annexed mediation ­programs, issues of privilege and confidentiality, cultural factors influencing dispute resolution processes and choices, using and confronting power in mediation and negotiation contexts and ethical practice. Relevant law reform and policy issues will be explored, especially in relation to the interface between formal litigation, negotiation and mediation. Students will participate in seminar discussions and will also plan for and conduct negotiations and mediations. Students will work in teams and will receive teamwork skills training.

This will be an optional subject in which negotiation and mediation performances will be a significant component of subject delivery and assessment. Many of these skills performances and assessments will be done in teams. Teamwork, including teamwork skills training, will therefore be an integral component of the subject. For this reason, attendance will be compulsory unless suitable prior arrangements are made and approved by the subject coordinator. Enrolment will be limited to a maximum of 24 students: (i) to enhance the value to students of the group work dimension of the subject; and (ii) to accommodate the resource demands of frequent feedback on, and assessment of, performance-based negotiation and mediation skills.

Assessment: Two negotiation and mediation skills performances (including written plans 1250 words), 50% and a take home examination of 2500 words, 50%. Attendance at classes is a hurdle requirement.
Prescribed Texts: Printed materials will be issued by the Faculty of Law.
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

On completion of the subject, students should have developed the following generic skills:

  • attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
  • the capacity for close reading and analysis of a range of sources
  • the capacity for critical and independent thought and reflection
  • the capacity to solve problems, including through the collection and evaluation of information
  • the capacity to communicate, both orally and in writing
  • the capacity to plan and manage time
  • the capacity to participate as a member of a team
  • intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

  • problem solving
  • advising
  • interviewing
  • teamwork
  • negotiation
  • mediation
  • oral communication
  • written communication

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