Prerequisites: Introduction to legal methods or equivalent
Professor Linda Mulcahy
This course introduces students to a range of issues surrounding the dynamics of disputes and to the advanced models of negotiation and mediation designed to aid in their resolution. The focus of the course, which draws on insights from a range of disciplines including law, anthropology, psychology and economics is on looking at contemporary dispute resolution theories across a range of settings. An important feature of the course is the way in which it examines the interface between theory and practice.
Academic staff and practitioners will expose students to the everyday dynamics of negotiation and mediation.
Topics covered include:
The evolution of disputes
Third party roles in dispute resolution
Bargaining in the shadow of the law
Negotiation models and tactics
‘Getting to yes’
Evaluative, Facilitative, Transformative and transactional models of mediation
Mediation and negotiation role play.
This course is not based on a single text. Students are, however, encouraged to buy Henry Brown and Arthur Marriot, (2012) ADR: Principles and Practice, London: Sweet and Maxwell; Genn, Hazel, (2009) Judging Civil Justice (The Hamlyn Lectures) Cambridge, Cambridge University Press and Roger Fisher and William Ury (2012) Getting to Yes: Negotiating an Agreement Without Giving In, Random House. The course readings also include journal articles and working papers, almost all of which can be accessed electronically. A course pack of key articles is provided.
Lectures: 36 hours Classes: 12 hours
Assessment: Written work and one written examination