730-469 Negotiation Theory and Practice

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.

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 (1) to enhance the value to students of the group work dimension of the subject and (2) to accommodate the resource demands of frequent feedback on, and assessment of, performance-based negotiation and mediation skills.

Two negotiation and mediation skills performances (including written plans 1250 words) 50% and a take home examination 2500 words 50%. Attendance at classes is a hurdle requirement.

Printed materials will be issued by the Faculty of Law.