Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Explain, distinguish and apply the concepts and terminology underlying different theoretical approaches to complex, strategic negotiations;
2. Demonstrate mastery of the course concepts and the cognitive, technical and creative skills to analyse complex, strategic negotiation situations using various theoretical tools;
3. Demonstrate the cognitive, technical and creative skills to synthesise and apply concepts of strategic negotiation to develop appropriate strategies for superior performance in a wide range of complex negotiation situations;
4. Demonstrate the communication skills and theoretical knowledge to evaluate the applicability of the course concepts to their professional work and to reflect critically their ability to apply the course concepts and theories to real life negotiation situations;
5. Demonstrate the ability to autonomously plan and execute a substantial capstone project researching, analysing and critiquing a complex, strategic negotiation based upon real-life experience or publicly available information.

Research-Led Teaching

This course explores advanced, strategic negotiation concepts and skills beyond the simple "principled negotiation" techniques taught in most standard negotiation skills courses.

 It uses a unique negotiation methodology developed by Scott that synthesises existing theories into a single, comprehensive approach to negotiating. The basis of the approach is to classify the negotiation as either a game, decision, joint-problem or war, and then to apply strategies and skills relevant to the chosen negotiation style.

 Topics covered include:

·      What it really means to be a good negotiator;

·      The different types of negotiations: games, decisions, joint-problems and wars;

·      Advanced techniques for shaping the underlying structure of a negotiation;

·      Identifying and nullifying common influencing tactics;

·      Ethics in negotiation and the importance of the concept of True Character as revealed by choices under pressure.

Required Resources

There are no prescribed text(s) for this course.

The Wattle course site contains a number of extracts of relevant materials and links to other resources. Course materials and relevant links will be available on the Wattle site. An e brick will be available on the Wattle site.

Recommended Resources

There is no prescribed preliminary reading.

Students interested in broadening their knowledge should read:

·        Breakthrough International Negotiations by Michael Watkins & Susan Rosegrant, Jossey-Bass, 2001.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the Convenor. If you feel that your feedback and grade does not reflect your performance, please contact the Convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html

Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/.

To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access virtual through http://virtual.anu.edu.au/login.

Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia. Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year.

The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/ .

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Wellbeing Support Services for Lawyers

You will find wellbeing support information for lawyers on the ANU School of Legal Practice website.

We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Online Lecture: Introduction to Course	Online Introductory Role Play (non-assessable)
2	Online Lecture: Debrief Introductory Role Play; Overview of Methodology	Online Role Play 1
3	Online Lecture: Debrief Role Play 1; Single Issue Negotiations & Negotiation As A Game	Onine Role Play 2
4	Online Lecture: Debrief Role Play 2; Multi-Issue Negotiations; Communication Skills & Negotiation As A Joint Problem.	Online Role Play 3
5	Online Lecture: Debrief Role Play 3; Multi-Issue Negotiations; Negotiation as A Decision; Shaping Skills;	Online Role Play 4
6	Online Lecture: Advanced Shaping Skills & Influencing Skills; Negotiation as a War	Online Role Play 4 (cont)
7	No Activites	No Activities
8	Online Lecture: Debrief Role Play 4; Integrity & True Character; Capstone Role Play Brief	Capstone Role Play
9	Online Discussion: Real world negotiations	Capstone Role Play
10	Online Discussion: Real world negotiations	Capstone Role Play
11	Online Lecture: Debrief Capstone Role Play & Debrief Course	Further Capstone Role Play (Optional)
12	No Activities	No Activities

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Reflective Essay (20%)	20 %	29/03/2019	12/04/2019	1, 2 ,3,4
Reflective Essay (20%)	20 %	12/04/2019	26/04/2019	1, 2 ,3,4
Capstone Role Play (20%)	20 %	24/05/2019	07/06/2019	1, 2 ,3,4
Research Project (40%)	40 %	31/05/2019	28/06/2019	1, 2 ,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

Role Play Software: This course uses a new online role play software tool developed by the ANU. The software realistically simulates multi-party negotiations, allowing you a safe place to practice applying the course concepts in life-like negotiations with fellow students.

Participation in the role plays will require reasonably consistent access to the internet and involve around 2-3 hours per week. You have between 7-21 days to complete the role plays, depending on their complexity. This usually allows enough time for you to schedule your preparation and negotiation with other students around your usual work and life pressures.

At the start of the course, you will receive an email inviting you to create an account in the role play software. If you do not wish to take part in the role plays, advise the course convener and you will be assigned alternative assements as outlined in the course assessments.

Wattle: You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily. Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

Time Zones: The course will be conducted in the following time zones (Canberra time). 

Australian Eastern Daylight Time (AEDT): from 7 October 2018 to 7 April 2019.

Australian Eastern Standard Time (AEST): from 7 April 2019 to 6 October 2019. 

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Reflective Essay (20%)

Format: Students must undertake the first three online role-plays then submit their preparation notes for each role-play, plus a self-reflective essay on their performance in each role-play. Students not undertaking the online role-plays will be given three alternative role-play scenarios and must submit their suggested preparation notes for each role-play plus an analysis of each negotiation. The preparation notes are not part of the word count.

Submission Date: 29 March 2019

Length: Total word length of 1600 Words (see word limit guidelines in Other Information section below)

Estimated Date of Results: 2 weeks after submission

Assessment Criteria:

Understanding of the Issues

• addresses the Role Play and covers all the important points
• evidence of consideration of the question and the research materials drawn on
• issues raised by the Role Play are clearly and concisely identified
• material chosen relates clearly to the Role Play and is analysed not just summarised or quoted extensively

Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently 

Argument/Analysis

• originality of ideas and analysis of the material
• suggestions for change where appropriate
• consideration of opposing arguments or recommended strategies
• well-reasoned conclusions 

Research

• research covering core primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate 

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes
• style according to Australian Guide to Legal Citation
• adherence to word limit

Assessment Task 2

Reflective Essay (20%)

Format: Students must undertake the fourth online role-play then submit their preparation notes plus a self-reflective essay on their performance in the role-play. Students not undertaking the online role-plays will be given an alternative negotiation scenario and must submit their suggested preparation notes plus an analysis of the scenario. The preparation notes are not part of the word count.

Submission Date: 12 April 2019

Length: Total word length of 1600 Words (see word limit guidelines in Other Information section below)

Estimated Date of Results: 2 weeks after submission.

Assessment Criteria:

Preparation and understanding the circumstances, facts and context

• consulting and reading pre-assigned materials in advance of the activity
• linking material provided (in-class and / or online only)
• consulting literature identified in the reading and course guide
• where necessary undertaking original research

Thinking critically about the circumstances, facts and context

• looking at circumstances and issues from different angles
• questioning assumptions / facts and context
• ability to use course concepts to self-reflect on preparation skills and negotiation performance

Interactive activities

• expressing ideas clearly to all parties and in accordance with course concepts
• use of appropriate language that can be understood by all parties and in accordance with course concepts; 

Engagement with the activity and parties

• presenting the circumstances, facts and any materials clearly and concisely
• responding to questions from other parties appropriately
• treating all participants respectfully and in accordance with expected professional behaviour

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes
• style according to Australian Guide to Legal Citation
• adherence to word limit

Assessment Task 3

Capstone Role Play (20%)

Format: Students must undertake the capstone online role-play then submit their preparation notes plus a self-reflective essay on their performance in the role-play. Students not undertaking the online role-plays will be given an alternative negotiation scenario and must submit their suggested preparation notes plus an analysis of the scenario. The preparation notes are not part of the word count.

Submission Date: 24 May 2019

Length: Total word length of 1600 Words (see word limit guidelines in Other Information section below)

Estimated Date of Results: 2 weeks after submission.

Assessment Criteria:

Preparation and understanding the circumstances, facts and context

• consulting and reading pre-assigned materials in advance of the activity
• linking material provided (in-class and / or online only)
• consulting literature identified in the reading and course guide
• where necessary undertaking original research

Thinking critically about the circumstances, facts and context

• looking at circumstances and issues from different angles
• questioning assumptions / facts and context
• ability to use course concepts to self-reflect on preparation skills and negotiation performance

Interactive activities

• expressing ideas clearly to all parties and in accordance with course concepts
• use of appropriate language that can be understood by all parties and in accordance with course concepts;

Engagement with the activity and parties

• presenting the circumstances, facts and any materials clearly and concisely
• responding to questions from other parties appropriately
• treating all participants respectfully and in accordance with expected professional behaviour

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Assessment Task 4

Research Project (40%)

Format: Students must select a complex, strategic negotiation from publicly available sources or personal experience and prepare a research paper analysing the negotiation from one party’s point of view and recommend suitable strategies for achieving superior outcomes.

Submission Date: 31 May 2019

Length: Total word length of 3200 Words (see word limit guidelines in Other Information section below)

Estimated Date of Results: 4 weeks after submission.

Assessment Criteria:

Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively 

Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently 

Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions 

Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay 

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You may be required to submit an assessment either through:

1.   Wattle dropbox and Turnitin, or

2.   Wattle dropbox only, or

3.   Turnitin only.

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered. 

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students