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77745 Negotiation

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

UTS: Law
Credit points: 6 cp

Subject level:

Postgraduate

Result type: Grade and marks

Requisite(s): 60 credit points of completed study in 60 Credit Value spk(s): C04148 Master of Law and Legal Practice AND 79771c Dispute Resolution
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78175 Negotiation

Handbook description

This subject is taught in a four-day intensive block which is designed to provide an understanding of the theory and skills of negotiation. It covers the diverse approaches to negotiation, with a focus on principled negotiation as taught by the Harvard Law Faculty's Negotiation Project. This subject brings together the current theories and practice in negotiation skills and analysis with an emphasis on identifying effective negotiation strategies. This subject covers topic areas that include:

  • distributive and integrative bargaining
  • principled negotiation theory and practice
  • pre-negotiation analysis, preparation and participation
  • the challenges of complex negotiations including agency and team issues, negotiating behaviour and communication issues
  • coalition dynamics
  • risk assessment
  • trust and good faith issues.
The assessment is centred on the opportunity to workshop and evaluate a chosen scenario developed in conjunction with a supporting critique of selected negotiation theories.

Subject objectives/outcomes

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.

  1. Understanding and describe negotiation processes and bargaining styles, including integrative and distributive bargaining (GA 5)
  2. Understand and describe Principles Negotiation and preparation for a negotiation using the seven elements (GA 5,8)
  3. Identification of the appropriate preparation process for a negotiation and evaluation and review of a completed negotiation.(GA 2,5)
  4. Recognition and understanding of the major theoretical issues in the currently developing literature on negotiation, including power, coalition building, persuasion, trust and ethical issues (GA 2,3,5)
  5. Consideration of multi-disciplinary negotiation and some of the issues that arise.( GA 2,5)

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.


INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.: 3. Spoken and Written Communication
Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

Subject Delivery
This subject is presented in intensive mode over three days of lectures, exercises and simulations plus one day of negotiation.

Expectation of Student Participation
Students are expected to engage in the role play simulations and exercises as well as participating in group presentations and debriefing sessions.
Lectures:
Formal lectures provide the theoretical basis to this course and introduce students to the relevant issues requiring consideration. The lectures provide the introduction to negotiation techniques and important preparation and process issues. There are opportunities for class discussion and debriefing sessions for group experiences throughout the entire program.

Practical exercises:
All lectures are complemented by practical exercises in which the students have the opportunity to explore the application of lecture material in a practical setting. In these exercises students are introduced to the concepts of negotiation and encouraged to work with these in one-to-one and group negotiation sessions.

During the course of the first three days, students are introduced to more complex and challenging negotiation processes finishing with a significant group negotiation. The formal debrief which follows each negotiation session ensures that students have the opportunity to review their progress and to build on skills as the course progresses.

Scenario writing:
The task allows students to identify the complexity of issues and dynamics involved in a negotiation and to construct a scenario that will demonstrate these elements. Students are encouraged to use this exercise to enhance their understanding of the purpose and scope of effective negotiation preparation.

The construction of the scenario is done in groups, which offers many negotiating opportunities for the student in relation to how they will work as a team and in relation to the selection of the content of the negotiation.

An evaluation tool, devised by the students, is used to evaluate the effectiveness of the scenario they have authored in demonstrating the negotiation theory and practice they were examining. The evaluation of their scenario takes place when they observe another group of students conducting a negotiation using this scenario information.

Theory Critique:
This task allows each student to fully explore a negotiation theory of interest to them and to consider the theory from an academic frame.

Content

  • Distributive and Integrative Bargaining
  • Principled negotiation theory.
  • Pre-negotiation analysis, preparation and participation.
  • The challenges of complex negotiations, including agency and team issues.
  • Collaborative Law as a negotiation process.
  • Negotiation behaviour and communication issues.
  • Coalition dynamics.
  • Risk analysis.
  • Trust issues.
  • Good faith, persuasion and deception.
  • Power.
  • Gender in negotiation.
  • Cultural issues.
  • Evaluation and review of a completed negotiation to enhance future performance.

Assessment

Assessment Item 1: Negotiation Scenario (Group project)

Objective(s):

Objectives 1,2,3,4,5
Graduate Attribtues 2,3,5,8
Weighting: 20%

Assessment Item 2: Evaluation of negotiated scenario

Objective(s):

Objectives 1,2,3,4,5
Graduate Attribtues 2,3,5,8
Weighting: 20%

Assessment Item 3: A critique of a theory explored in the scenario

Objective(s):

Objectives 4,5
Graduate Attributes 2,3,5
Weighting: 60%
Length: Word length 3,500

Minimum requirements

All of the three (3) days of the BLOCK mode and the final day of NEGOTIATIONS is compulsory to successfully complete the subject.

Required texts

Lewicki, R, Barry, B & Saunders, D Essentials of Negotiation, McGraw Hill, 5th ed 2010

A book of Reading Materials will also be available for purchase from the Student Shop in Haymarket. The CN and price to be announced prior to commencement of classes.

Recommended texts

Fisher, R & Shapiro, D Beyond Reason: Using Emotions as You Negotiate Penguin Books New York 2005

References

  • R Fisher, W Ury and B Patton Getting to Yes: Negotiating an Agreement Without Giving In 2nd Edition Random House 1999
  • N Alexander, J Howieson Negotiation: Strategy Style Skills 2nd Edition Butterworths 2010
  • M H Bazerman and MA Neale Negotiating Rationally The Free Press 1992
  • R Fisher, E Lopelman and A Schneider Beyond Machiavelli: Tools for Coping with Conflict Harvard University Press 1994
  • DM Kolb and J William The Shadow Negotiation: How Women Can Master the Hidden Agenda that Determine Bargaining Success Simon & Schuster 2000
  • R Kramer & D Messick Negotiation as a Social Process Sage Publications London 1995
  • RJ Lewicki, DM Saunders, JW Minton and B Barry Negotiation: Readings, exercises and cases McGraw Hill Higher Education 2003
  • H Raiffa Negotiation Analysis: The Science and Art of Collaborative Decision Making The Belknap Press of Harvard University Press 2002
  • RH Mnookin, SR Peppet & S Tulumello Beyond Winning: Negotiation to Create Value in Deals and Disputes Harvard University Press 2000
  • RH Mnookin & Susskind LE (eds) Negotiating on Behalf of Others: Advice to Lawyers, Business Executives, Sports Agents, Diplomats, Politicians and Everybody Else Sage Publications Thousand Oaks 1999

Other resources

Other Materials: Reports, Journals and General References

  • Negotiation Journal
  • Australasian Dispute Resolution Journal
  • Bond Law Review
  • Ohio State Journal on Dispute Resolution
  • Harvard Law Review

Websites