Many parties to disputes seek new ways to resolve their cases as an alternative to the high costs and uncertain results of litigation and legal representatives need to understand the options for their clients and their role in these processes.
The first option that should always be considered before pursuing costly litigation is negotiation with the other party, and even if the matter does go to court, negotiation and mediation can be used at any stage in the litigation process. This module begins with an overview of the process of counselling clients regarding their options. Students will then examine the nature of conflict, looking at negotiation challenges, methods, strategies and tactics, as well as the concept of principled negotiations.
The module will also introduce students to the theoretical elements of mediation as a dispute-resolution technique.