Description This unit examines how conflict arises and engages students to apply the main theories related to conflict and its resolution within diverse practical environments. Students will analyse and synthesis negotiation theories, skill-sets and studies, and will evaluate their respective usefulness as future legal professionals. Students will develop a value-laden negotiation toolbox and will grow in confidence in negotiations within a broad array of environments essential to the legal profession. Students will examine written scholarship, engage in negotiation simulations involving role- scenarios, case hypotheticals, experimental games, and will become intricately involved in other negotiation-related scenarios. Classes will include presentation of conceptual and strategic theories, simulations and role-playing scenarios applying these theories, and de-briefing of the theoretical and practical components of legal negotiation.
School Law
Discipline Law, Not Elsewhere Classified.
Student Contribution Band HECS Band 4 10cp
Check your HECS Band contribution amount via the Fees page.
Students must be enrolled in program 2826 Juris Doctor.
On successful completion of this subject, students should be able to:
Apply competitive and collaborative negotiation skill-sets most appropriate to the particular dispute as future legal professionals;
Develop an advanced understanding of the nature of disputes, including ethical, cultural, and economic factors of disputes, in one or more legal jurisdictions;
Demonstate a critical awareness of the emotional and psychological encouragements and barriers to consensus building as well as those involving rational choice theory;
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.
- elements of negotiations
- Positional Bargaining and interest-based Bargaining
- power and weakness
- nature of disputes - The Ethical, cultural and economic dimensions
- Consensus - The emotional and psychological encouragements and barriers
- Core tasks in reaching agreement: information exchange, solution-seeking, concession management
- ways to manage A Negotiation
- tactics: people and processes
- deal design: value and substance
- Setup: scope and sequence
- common barriers to agreement
- Game theory
- Bargaining strategies
- Distributive Negotiation
- personality and persuasion
- Seven elements of effective negotiations: relationship, communication, interests, options, alternatives, legitimacy, commitment
- best alternative to negotiated agreement (BATNA)
- Coalitions
- Multiparty negotiations
- strategic management and Resolution of deadlocked negotiations
Prescribed Texts
Fells, Ray and Noa Sheer, Effective Negotiation: From Research to Results (Cambridge University Press, 4th ed, 2019).
