Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

To find units available for enrolment in the current year, you must make sure you use the indexes and browse unit tool in the current edition of the Handbook.

FacultyFaculty of Law
OfferedCity (Melbourne) Summer semester A 2013 (On-campus block of classes)
City (Melbourne) Term 3 2013 (On-campus block of classes)



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.


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; (d) an appreciation of negotiation and process management objectives
  4. experience in using practical guidelines for simplifying the negotiation process and third party processes generally
  5. a range of systematic frameworks for preparation, diagnosis and creative problem solving

In addition, students should have:

  1. improved their ability to participate in debate in the context of an interactive seminar; (h) improved their ability to offer constructive feedback to peers
  2. improved their 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%.

Chief examiner(s)

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)