Negotiation
(Update: please note the email address is lss-negotation singular, and not lss-negotiations plural. Sorry for any confusion! --Kyle Jackson)
Negotiation is the most popular Alternative Dispute Resolution mechanism in legal practice today. Negotiation expertise is therefore seen as an important skill in the legal profession. However negotiations are not only used as a way to resolve disputes. Instead, negotiations occur everywhere in the commercial context, especially when negotiating terms of a contract. The basic skills of negotiation are therefore useful for commercial and legal practice.
This competition allows students to put their negotiation skills used against parents and teachers, into a much more formal environment! Two opposing teams of two students are required to participate in negotiations centred on a legal problem. The problems could include various scenarios such as negotiating a damages settlement for health problems caused by toxic waste from a nearby factory (like in ‘Erin Brockovich’), or negotiating for a train driver’s seat to have a cup-holder or armrest (like in the recent Metro trains and train drivers’ union negotiation).
If you have any queries at all, feel free to contact 2011's negotiation coordinators, Kyle Jackson and Frankie Barbour, at lss-negotiation@unimelb.edu.au.
Negotiation Rules
Team Composition
- Each team must consist of two members.
- The nominated members of the team shall remain the same for the duration of the whole competition.
- Teams must have registered by the registration date as set by the Competitions Directors and Co-ordinators.
Important Times
Release of Questions
Briefs will be distributed by email approximately 24 hours prior to the commencement of the negotiation. Please allow for some time differences.
Scoring
The scoring will be in line with the ALSA guidelines. The scoresheet is available below.
Procedures of Negotiations
- The brief received by the Competitors will contain a given set of common facts, which set out the background of the scenario.
- In addition, each team will also be given confidential information, known only to their side.
- Both teams will then compete in a 30 minute negotiation session the following day. During this time, they will discuss the various issues and attempt to come to an agreement that best meets their client’s instructions outlined in the confidential information.
- Following the 30 minute negotiation, each team is given 5 minutes in which they evaluate their performance according to two questions:
1. ‘In reflecting on the entire negotiation, if you were to be faced with a similar situation tomorrow, what would you do the same and what would you do differently?’
2. ‘How well did your strategy work in relation to the outcome?’
This gives competitors an opportunity to explain their tactics to the judge as well as gain invaluable feedback.