units

LAW5360

Faculty of Law

18 September 2017 22 November 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7312

Synopsis

This unit offers advanced skills training in conflict resolution and 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

On completion of this unit, students will be able to:

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

This unit offers advanced skills training in conflict resolution and 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.

On completion of this unit, students will be able to:

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

This unit offers advanced skills training in conflict resolution and 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.

On completion of this unit, students will be able to:

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

This unit offers advanced skills training in conflict resolution and 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.

On completion of this unit, students will be able to:

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

This unit offers advanced skills training in conflict resolution and 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.

On completion of this unit, students will be able to:

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

Assessment

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

Workload requirements

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

Prerequisites

LAW5344 Negotiation: Essential skills in dispute resolution. 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).