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LAW7251 - Negotiation and mediation skills

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate Faculty of Law

Leader: Mr Simon Dowling, Mr Joel Gerschman


Not offered in 2007


This unit provides comprehensive coverage of the principled Negotiation Model. Students will: explore a coherent and systematic framework for understanding negotiation, and its implications for a mediator's role; develop guidelines for getting best results in negotiation, and for improving the effectiveness of mediation and related processes; examine the causes of conflict, and coommunication and process management techniques for defusing conflict within the mediation process; identify key assumptions that help define the various ADR processes available, and apply them in choosing an appropriate process for disputes; examine practical and ethical tensions commonly faced by mediators.


Upon successful completion of this unit, students should have:

  1. a thorough understanding of the theory of principled negotiation;
  2. a framework for analysing and managing all third party processes;
  3. an ability to demonstrate advanced communication skills;
  4. an appreciation of negotiation and process management objectives;
  5. practical guidelines for simplifying the negotiation process and third party processes generally;
  6. a range of systematic frameworks for preparation, diagnosis and creative problem solving;
  7. improved their ability to participate in debate in the context of an interactive seminar;
  8. be able to offer constructive feedback to peers;
  9. have the ability to clearly and persuasively present ideas and arguments in oral and written form.


Role play (oral) assessment: 30%
Written negotiation analysis: 20%
Take-home examination (3,750 words): 50%.

Contact hours

Intensive over 5 days