Negotiations (LAWS50131)
Graduate coursework level 5Points: 12.5Online and On Campus (Parkville)
About this subject
Contact information
Summer Term
Teaching staff:
Jasper Kim (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Summer Term
Teaching staff:
Jasper Kim (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
July
Teaching staff:
Danielle Hutchison (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Summer Term - Online Summer Term - Online July - On Campus |
|---|---|
| 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: 4 March 2025
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 (On Campus - Parkville) |
12.5 |
| LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
Non-allowed subjects
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70468 | Negotiation Skills | Not available in 2025 |
12.5 |
| LAWS90062 | Business Negotiations and Deal-Making |
August (Online)
December (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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
A research paper on a topic approved by the subject coordinator
| Due 3-4 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 dates of interim assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Summer Term - Online
Principal coordinator Jasper Kim Mode of delivery Online Contact hours 36 hours Total time commitment 150 hours Pre teaching start date 31 December 2024 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 14 January 2025 to 17 January 2025 Last self-enrol date 2 January 2025 Census date 24 January 2025 Last date to withdraw without fail 7 February 2025 Assessment period ends 28 February 2025 Summer Term contact information
Teaching staff:
Jasper Kim (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
- Summer Term - Online
Principal coordinator Jasper Kim Mode of delivery Online Contact hours 36 hours Total time commitment 150 hours Pre teaching start date 7 January 2025 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 21 January 2025 to 24 January 2025 Last self-enrol date 9 January 2025 Census date 24 January 2025 Last date to withdraw without fail 14 February 2025 Assessment period ends 7 March 2025 Summer Term contact information
Teaching staff:
Jasper Kim (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
- July - On Campus
Mode of delivery On Campus (Parkville) Contact hours 28 Hours Total time commitment 150 hours Pre teaching start date 18 June 2025 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 2 July 2025 to 8 July 2025 Last self-enrol date 20 June 2025 Census date 4 July 2025 Last date to withdraw without fail 11 July 2025 Assessment period ends 25 July 2025 July contact information
Teaching staff:
Danielle Hutchison (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025