|Year of offer||2018|
|Subject level||Graduate coursework Level 5|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
Negotiation is an essential skill-set for lawyers and the legal profession. Due to negotiations by lawyers, many civil and criminal law cases are settled before the parties even enter the courtroom. Lawyers negotiate on behalf of their client with other lawyers as well as third party non-lawyers. Lawyers must also negotiate internally with their own client as well as other parties to reach consensus. Negotiations also occur in various forms, from traditional settings such as conference rooms and courtrooms, to non-traditional settings such as e-mail and social media communication. Thus, the ability for lawyers to develop and utilise a negotiator's toolbox to negotiate within and among a broad array of environments are essential elements of the legal profession.
The aim of this subject is to acquaint students with the theory and practice of legal negotiations as they relate to the strategic legal process. This class will be highly interactive. Students will have the opportunity to read and discuss a variety of written materials, engage in a variety of negotiation simulations (involving role-playing scenarios, case hypotheticals, and experimental games), as well as become intricately involved in other negotiation-related scenarios and situations.
Classes will generally be comprised of (1) concepts/strategies (theory) presented; (2) simulation and role-playing scenarios applying such concepts/strategies (practice); and (3) a de-briefing of the two components (theory and practice). For the negotiation simulations to be as valuable and realistic as possible, preparation and active participation is expected by those negotiating and playing specified roles - for each participant's individual benefit as well as for the benefit of all class participants as a collaborative group.
Intended learning outcomes
On completion of the subject students should have developed the following skills as they relate to the field of law:
- To analyse and apply competitive (positional bargaining) as well as collaborative (interest-based, problem solving) negotiation skill-sets as legal professionals;
- The ability to develop an advanced understanding of the nature of disputes, including ethical, cultural, and economic factors, in one or more legal jurisdictions;
- Possess a unique and critical awareness of the emotional and psychological encouragements and barriers to consensus building as well as those involving rational choice theory;
- Actively participate in a series of useful, interesting and challenging negotiation concepts, strategies, and simulation negotiation scenarios helpful in the field of law;
- Understand the role of lawyers and non-lawyers in identifying and using the negotiation process most appropriate to the particular dispute;
- Critically analyse the main theories of influence, sway, and negotiation and their application in the field of law and other related fields;
- Work effectively as a team member to resolve dispute resolution challenges as future legal professionals; and
- Identify and integrate ethical issues arising in dispute resolution contexts in the field of law.
On successful completion of this subject, students should be able to:
- Understand how conflict arises within and between legal and other related organisations;
- Apply and leverage the main theories related to conflict and its resolution within the contexts of organisations and other diverse environments within law;
- Analyse and synthesise negotiation theories, skill-sets, and studies, in conjunction with the ability to evaluate their respective usefulness as future legal professionals;
- Develop a value-added negotiation toolbox and confidence as negotiators for application in the legal field;
- Apply theories, models and frameworks to understand conflict, influence and negotiation within academic and professional legal settings; and
- Possess an acute ability to "think like a negotiator" by leveraging, inter alia, a strategic "negotiator's lens" (framework) that will prove beneficial in a wide variety of situations within the field of law.
Eligibility and requirements
Successful completion of all the below subjects:
|Code||Name||Teaching period||Credit Points|
|LAWS50023||Legal Method and Reasoning||
|LAWS50024||Principles of Public Law||
Students cannot enrol in this subject if they have previously undertaken either of the following subjects:
|Code||Name||Teaching period||Credit Points|
|LAWS90062||Business Negotiations and Deal-Making||
Core participation requirements
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
- A 4,500 word research paper on a topic approved by the subject coordinator, due approximately 3.5 weeks after the end of teaching (75%);
- Participation - based on in-class discussions, and simulation case participation (25%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Quotas apply to this subject
Dates & times
- Summer Term
Principal coordinator Jasper Kim Mode of delivery On Campus — Parkville Contact hours 36 hours Total time commitment 144 hours Pre teaching start date 11 January 2018 Pre teaching requirements Students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 29 January 2018 to 2 February 2018 Last self-enrol date 4 December 2017 Census date 29 January 2018 Last date to withdraw without fail 9 February 2018 Assessment period ends 28 February 2018
Summer Term contact information
Principal coordinator Jasper Kim Mode of delivery On Campus — Parkville Contact hours 36 hours Total time commitment 144 hours Pre teaching start date 19 November 2018 Pre teaching requirements Students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 3 December 2018 to 7 December 2018 Last self-enrol date 4 December 2017 Census date 3 December 2018 Last date to withdraw without fail 21 December 2018 Assessment period ends 4 January 2019
December contact information
Additional delivery details
Quota: This subject has an enrolment quota of 50 students (25 per stream). Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
- L Randolph Lowry and Charles Wiggins, Negotiation and Settlement Advocacy (West, 2nd ed, 2008);
- William Ury, Roger Fisher and Bruce Patton, Getting to Yes (Penguin Books, 2011).
- Jasper Kim, Persuasion: The Hidden Forces That Influence Negotiations (Routledge Press, New York, 2018)
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor