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Negotiations (LAWS50131)
Graduate coursework level 5Points: 12.5Online
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Summer Term
Professor Jasper Kim, Coordinator
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Summer Term
Professor Jasper Kim, Coordinator
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
December
Professor Jasper Kim, Coordinator
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Summer Term - Online Summer Term - Online December - Online |
---|---|
Fees | Look up fees |
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 this 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.
Generic skills
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.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70468 | Negotiation Skills | Not available in 2024 |
12.5 |
LAWS90062 | Business Negotiations and Deal-Making |
July (Online)
January (Online)
|
12.5 |
Inherent requirements (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
Last updated: 31 January 2024
Assessment
December
Description | Timing | Percentage |
---|---|---|
A research paper on a topic approved by the subject coordinator
| Due three - four weeks after the end of teaching | 75% |
Participation - based on in-class discussions and simulation case participation | Throughout the teaching period | 25% |
Hurdle requirement: A minimum of 75% attendance. | Throughout the teaching period | N/A |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- Summer Term - Online
Principal coordinator Jasper Kim Mode of delivery Online Contact hours Students are expected to attend all sessions whether participating on-campus or remotely. Total time commitment 144 hours Pre teaching start date 4 January 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 11 January 2022 to 14 January 2022 Last self-enrol date 5 January 2022 Census date 12 January 2022 Last date to withdraw without fail 4 February 2022 Assessment period ends 11 February 2022 Summer Term contact information
Professor Jasper Kim, Coordinator
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au - Summer Term - Online
Principal coordinator Jasper Kim Mode of delivery Online Contact hours Students are expected to attend all sessions whether participating on-campus or remotely. Total time commitment 144 hours Pre teaching start date 11 January 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 18 January 2022 to 21 January 2022 Last self-enrol date 12 January 2022 Census date 19 January 2022 Last date to withdraw without fail 28 January 2022 Assessment period ends 11 February 2022 Summer Term contact information
Professor Jasper Kim, Coordinator
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au - December - Online
Principal coordinator Jasper Kim Mode of delivery Online Contact hours Total time commitment 144 hours Pre teaching start date 28 November 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 5 December 2022 to 8 December 2022 Last self-enrol date 29 November 2022 Census date 8 December 2022 Last date to withdraw without fail 23 December 2022 Assessment period ends 13 January 2023 December contact information
Professor Jasper Kim, Coordinator
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Additional delivery details
This subject has an enrolment quota of 30 students per offering.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
- Jasper Kim, Persuasion: The Hidden Forces That Influence Negotiations (Routledge Press, New York, 2018); and
- Specialist materials will be made available via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024