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Negotiation and Mediation


*Course is taught in the 1st semester. *

Course objectives
This course aims to offer students a broad introduction to negotiation and mediation (theory and practice) and to increase the understanding of how negotiation and mediation works in practice. This course will provide students with the knowledge and skills to use theories and models of negotiation and mediation. Students will apply this knowledge in a concrete case.

Course description
This course is dedicated to negotiation and mediation. It builds further on the first course which introduces the main dispute settlement methods. Negotiation and mediation often constitute the first methods used by parties to settle their disputes. While negotiation and mediation are less formal dispute resolution methods than arbitration and judicial settlement, the course will nonetheless systemize and introduce students to the main rules governing negation and mediation. It will also introduce techniques for practicing lawyers to conduct negotiation and mediation, both in commercial litigation as well as in the international law dispute settlement.

The assessment of this course will consist in three written papers and in-class participation in the negotiation exercise. Each component of the assessment will constitute 25% of the total course grade and will be awarded a maximum of 25 points.

Course topics

Topic 1. Negotiation from Different Perspectives A. General Introduction B. Different Perspectives C. Strategy as a concept
Topic 2. Integrative Negotiation D. Wise and Efficient E. Creating v Claiming F. Theory v Practice
Topic 3. Style & Strategy G. Game Theory H. Negotiator’s Dilemma I. Pareto Efficiency v tit for tat
Topic 4. Cognitive Errors and Heuristics J. Cognitive Errors K. Heuristics and Influence
Topic 5. Process of Mediation L. Basic Principles of Mediation M. Stages in the Mediation Process N. Mediation Skills and Practices

*Disclaimer: Currently these pages are being updated to reflect the courses for 2022 - 2023. Until these pages are fixed as per 1 September 2022 no rights can be claimed from the information which is currently contained within.
Should there be any future changes of the Covid 19 virus which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2022 may only be done with the approval and consent of the Faculty Board and Programme Director.