LAW5344 - Negotiation: Essential skills for dispute resolution - 2017

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.

On completion of this unit students will be able to:

• Apply knowledge and understanding of the theory of principled negotiation and practical guidelines for simplifying the negotiation process and third party processes generally with creativity and initiative to new situations in professional practice and/or for further learning
• Demonstrate advanced communication skills and a sophisticated appreciation of negotiation and process management objectives
• Conduct applied research relating to principled negotiation 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 systematic frameworks for preparation, diagnosis and creative problem solving

Role play (oral) assessment: 30%

Written negotiation analysis: 20%

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

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

Shawn Whelan Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-shawn-whelan.html) (Trimester 2 and Term 4)