LAW5643 - Advanced negotiation and conflict resolution - 2019

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Jeff Giddings

Not offered in 2019

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

Prohibitions

LAW5344, LAW5429Not offered in 2019

Synopsis

Drawing on a broad range of research and practice-based sources, this unit examines principles and practices of negotiation and other forms of conflict resolution. The unit pays particular attention to the nature and dynamics of conflict resolution in international and commercial contexts. It addresses both integrative and distributive negotiation and party-focused and outcome-focused conflict resolution processes. 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; build their capacity 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 considering the spectrum of conflict resolution processes (including mediation as a form of facilitated principled negotiation), students will consider related issues of suitability, choice and the roles of lawyer and other agents.

Outcomes

  1. Effectively negotiate in a variety of contexts, critically reflect upon this and apply insights from such reflections to future negotiation behaviours;
  2. Express effective negotiation, mediation and conflict resolution decisions based on conscious, rational, informed judgements, involving appropriate use of available tools and methods;
  3. Effectively and appropriately address ethical issues generated in preparation for and participation in negotiation;
  4. Collaborate and communicate in ways that are effecient, effective, appropriate and persuasive; and
  5. Strategically apply feedback to improve capabilities and performance of tasks.

Assessment

  1. Case study: 20%
  2. Pre-Negotiation Plan: 30%.
  3. Assessment Negotiation: 30%
  4. Post-Negotiation Reflection: 20%

Workload requirements

Four days (9:00 am - 5:00 pm) plus time outside of class for independent preparation and study.

There will also be an assessment negotiation conducted on the weekend immediately after the workshop. Following that negotiation, students will need to complete their post-negotiation reflection assessment item.