Leader: Mr Shawn Whelan

Offered

City (Melbourne) Summer semester A 2008 (On-campus block of classes)

Synopsis

This unit offers advanced skills training in the related disciplines of negotiation and mediation as they apply in the legal context. Whereas the prerequisite unit, LAW 7251, canvassed the foundational insights of the Principled Negotiation and Principled Mediation models developed at the Harvard Law School, this unit extends the application of these frameworks to situations of high-level conflict and complexity and explores other models of mediation. To do this, a range of advanced-level concepts and practical tools will be introduced.

Objectives

Upon successful completion of the subject students should have:

1. an understanding of the psychology of human behaviour, particularly in circumstances of stalemate and conflict;
2. an ability to apply sophisticated relationship management strategies to resolve deadlocks arising from damaged relationships in negotiation or mediation;
3. an ability to use an 'option generation' tool for overcoming stalemates that result from conflicting substantive positions;
4. an understanding of how the behavioural model applies when communicating and an ability to use this understanding to persuade counterparts across cultural and emotional barriers;
5. an ability to effectively structure and facilitate multi-party or multi-issue negotiations and mediations;
6. a critical understanding of, and practical skills in applying, a range of distinctive models of mediation (eg. facilitative, evaluative, settlement, and transformative), drawing on the combined theory of the prerequisite unit and this proposed unit; and
7. an understanding of how the behavioural model and related tools apply to topical issues in mediation and negotiation (eg. mediation in specific fields, co-mediation models, the impact of various mediation styles, and the application of hybrid forms of mediation).

Assessment

Practical skills role-play (videotaped), plus a written review of assessment role-play (750 words): 30% Group presentation: 20% Essay (3750 words): 50%

Contact hours

The subject is taught over five days, each of six and a half hours duration (exclusive of breaks).

Prerequisites

LAW 7251 or LAW 4160. Applications may be accepted in exceptional circumstances from students who can demonstrate understanding of the concepts and skills covered in these courses (ie. the 7 Element theory of Principled Negotiation and its application to mediation).