6 points, SCA Band 3, 0.125 EFTSL
Undergraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
Mr Tom Harber
(Winter and Summer semester A)
The number of places available for this unit is strictly limited to 42. In selecting applications, priority is given to those students who are closest to completion of the LLB or Law component of their degree, and then on the basis of academic merit. Apply onlineApply online (http://www.law.monash.edu.au/current-students/resources/forms/index.html) to register your interest in this unit.
- Summer semester A 2019 (On-campus)
- Winter semester 2019 (On-campus)
For students who commenced their LLB (Hons) course in 2015 or later:
; ; ; ; ; ; ;
For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104
Students may also be required to attend a final assessment to be scheduled following the intensive offering (date to be advised in the respective unit guide).
The dates of the unit can be viewed on the Summer Timetable.
Drawing on ideas first popularised at the Harvard Negotiation Project and on work from a variety of research perspectives, this unit examines the theory and practice of negotiation and aims to improve students' effectiveness as negotiators. Adopting an intensive experiential learning approach that incorporates seminars, readings, simulations, exercises and discussion, students will: analyse different negotiating styles; practice utilising a principled negotiation framework; learn how to collaborate, create and claim more value; influence and communicate more effectively; better manage emotions; deal with difficult tactics; and reflect on issues of ethics and deception. In addition, students will explore a spectrum of other ADR processes (including mediation as a form of facilitated principled negotiation) and consider related issues of suitability, choice and the role of the lawyer.
Upon successful completion of the unit, students will:
- Demonstrate negotiating behaviour in a variety of contexts and document reflective analysis as to what works, what doesn't work, and why;
- Explain and apply the theories of integrative negotiation, distributive negotiation and principled negotiation in real-world contexts;
- Express effective negotiation, mediation and conflict resolution decisions based on conscious, rational, informed choice, from a broad array of available tools and methods;
- Generate real-time appropriate responses in a variety of legal and interpersonal contexts;
- Demonstrate the ability to recognise and appropriately address ethical issues generated in preparing for and participating in negotiation;
- Demonstrate the ability to collaborate and communicate in ways that are efficient, effective, appropriate and persuasive; and
- Reflect on and evaluate their own capabilities and performance, with a view to continuing personal and professional development.
Contribution (attendance, engagement, contribution to others' learning) 10%
In-Class Assessment (exercises &/or role plays) 10%
Pre-negotiation Assessment 20%
Negotiation simulation 40%
Post-negotiation reflection 20% - 1,000 words
5 days (9 am - 5 pm) of workshops are spread over 3 weeks. One week intensive plus time outside of class for independent preparation and study.
See also Unit timetable information