Monash University

Leader: Mr Shawn Whelan

Offered

City (Melbourne) Term 2 2008 (On-campus block of classes)

Synopsis

This unit provides comprehensive coverage of the theory and skills of Principled Negotiation and their applications in mediation. Students will: explore a coherent and systematic framework for understanding negotiation, and its implications for a mediator's role; practise using guidelines for getting best results in negotiation, and for improving the effectiveness of mediation and related processes; practise 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; and examine practical and ethical tensions commonly faced by mediators.

Objectives

Upon successful completion of this unit, students should have:

1. a thorough and practical understanding of the theory of principled negotiation;
2. a framework for analysing and managing all third party dispute resolution processes;
3. an ability to demonstrate advanced communication skills;
4. an appreciation of negotiation and process management objectives;
5. experience in using 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.

In addition, students should have: (g) improved their ability to participate in debate in the context of an interactive seminar; (h) improved their ability to offer constructive feedback to peers; (i) improved their ability to clearly and persuasively present ideas and arguments in oral and written form.

Assessment

Role play (oral) assessment: 30%

Written negotiation analysis: 20%

Take-home examination (3,750 words): 50%.

Contact hours

Intensive over 5 days

Prohibitions

LAW4160