units

LAW7312

Faculty of Law

18 September 2017 25 April 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 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.

print version

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2014

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

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.

Outcomes

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
  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%

Chief examiner(s)

Mr Shawn Whelan

Workload requirements

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

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).