Unit details

LAWS5158 Negotiation and Mediation

Credit

6 points

Offering
(see Timetable)

Availability	Location	Mode
Non-standard teaching period	UWA (Perth)	Face to face
Non-standard teaching period	UWA (Perth)	Face to face

Content

This unit introduces students to the principles of interest-based negotiation and mediation. The overall objectives are to give students familiarity with the processes of interest-based negotiation and mediation, fundamental skills in using them and an understanding of how to apply the skills in practice. The unit is conducted using lectures and experiential exercises to give students an understanding of the theory of negotiation and mediation, and to give them an opportunity to learn and practice the skills of each process.

Outcomes

Students are able to (1) demonstrate an advanced and integrated knowledge of the theories of interest-based negotiation and facilitative mediation; (2) demonstrate the ability to conduct themselves ethically and professionally in a dispute resolution scenario with mock clients; (3) demonstrate the ability to (a) understand causes and dynamics of conflict; (b) identify the utility of different applied techniques in negotiation and mediation; and (c) develop and apply professional skills in conducting negotiation and facilitative mediation as lawyers and as mediators; (4) demonstrate (a) the ability to function in a group setting; (b) critical reflection skills; and (c) working with specific skills in mock negotiation and mediation; and (5) demonstrate an ability to work with autonomy and professionalism.

Assessment

Indicative assessments in this unit are as follows: (1) daily journal entries and concluding summary; (2) daily participation and preparation; (3) negotiation preparation; (4) mediator's opening statement; (5) mediation skills and participation (preparation and role-playing); and (6) professional conduct. Further information is available in the unit outline.

Supplementary assessment is not available in this unit.

Except where supplementary assessment is not available in a unit, it will be offered to students in all units who:

• Are in good academic standing overall;
• Have passed over half the units taken in the teaching period concerned, except where they are only enrolled in two or less units in the period;
• Have submitted all assessment items in the unit;
• Have achieved a mark between 45 and 49 for the unit overall, or the same mark in any failed component item in the unit; and
• No finding of academic misconduct has been made against them in the unit concerned.

Additionally student may apply for supplementary assessment in any unit which is the final unit required for graduation in there course and where they have achieved a mark between 45 and 49 for the unit overall, or the same mark in any failed component item in the unit.

Unit Coordinator(s)

Associate Professor Jill Howieson

Unit rules

Prerequisites:

Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and LAWS5109 Dispute Resolution and 54 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics or LAWS4109 Legal Theory and Ethics LAWS5101 Constitutional Law LAWS5103 Equity and Trusts LAWS5104 Corporations Law LAWS5105 Remedies LAWS5102 Administrative Law

Co-requisites:

Nil

Incompatibility:

Nil

Approved quota: 42—first come-first served basis; priority to final year students.

Contact hours

Teaching dates for this unit are 20-24 June and 14-18 November. Please refer to the timetable website for session times and venues. Attendance at all sessions is mandatory.

Note

ONLY students who have completed LAWS5109 Dispute Resolution prior to 2022 will be entitled to take this unit. For all other students, the unit is now incorporated into LAWS5109.