Negotiation and Dispute Resolution
Gain a theoretical and practical introduction to the dispute resolution process. Examine negotiation, mediation, litigation, communication techniques, conflict escalation, competitive versus cooperative approaches and non-adversarial practice.
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On successful completion of this subject you will be able to:
- demonstrate an advanced and integrated understanding of negotiation and dispute resolution including options such as mediation, conciliation, arbitration, collaborative law and restorative justice conferences and related ethical concerns
- analyse and research complex problems relating to dispute resolution and make reasoned and appropriate choices amongst alternatives
- show effective, appropriate and persuasive collaboration and communication skills for legal and non-legal audiences through engagement with communication skill exercises and dispute resolution simulations
- demonstrate self-management skills in a professional context and reflect on and assess your own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.
- Introduction to Negotiation and Dispute Resolution; The Nature of Conflict
- Dispute Resolution in Australia and the ADR Spectrum
- Essential Communication Skills
- Mediation (Facilitative and Evaluative); Emotion in Conflict
- Mediation; Lawyers and Mediation
- Legal Issues
- Transformative Mediation; Neutrality, Power and Culture
- Dispute Resolution Ethics
You are recommended to have completed the following subjects(s) or have equivalent knowledge before starting this subject:
No special requirements
This subject provides a theoretical and practical introduction to various dispute resolution processes. It will provide an introduction to the principles of dispute management and resolution used by lawyers, with particular emphasis on negotiation, mediation and litigation. Issues, such as communication techniques, conflict escalation, competitive versus cooperative approaches, and non-adversarial practice will be discussed. The subject assists in the development of reflective practice and self-management.
This subject includes a Work Integrated Learning (WIL) experience in which your knowledge and skills will be applied and assessed in a real or simulated workplace context and where feedback from industry and/or community is integral to your experience.
- Take home Exam (45%)
- Journal (45%)
- Online Discussion Board (10%)