Last modified: 31 Jul 2023 11:19
The vast majority of disputes and differences of a civil, that is, non-criminal nature are resolved before one of the parties commences legal proceedings. Somewhere between 85% and 95% of those disputes and differences are resolved before the commencement of the hearing of the legal proceedings.
This course will examine issues such as:
| Study Type | Postgraduate | Level | 5 |
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| Term | Second Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
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The vast majority of disputes and differences of a civil, that is non-criminal nature are resolved before one of the parties commences legal proceedings, be they by application for resolution by a court, arbitration or mediation. Somewhere between 85% and 95% of those disputes and differences are resolved before the commencement of the hearing of the legal proceedings by the court or arbitration tribunal or the mediation proper.
If a vast majority of such disputes and differences are resolved before the commencement of the hearing of legal proceedings, which dispute resolution mechanism are parties using to resolve their disputes and differences?
In short: negotiation.
In examining the issues, a generic approach to the resolution of disputes and differences of a civil nature through negotiation will be adopted.
Throughout the course, participants will engage in tutorials where different negotiations technics and preparation for negotiations will be discussed, and they will also participate in simulated negotiation exercises. The exercises are designed to enhance the learning experience, illustrate the key points being made in the lectures and bring practical and real-world contexts to the course material.
| Assessment Type | Summative | Weighting | 25 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
The written assessment comprised of negotiation via email. Two-party negotiation. Students will be provided with a scenario and the client’s instructions. They will need to conduct negotiation via email. |
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| Knowledge Level | Thinking Skill | Outcome |
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| Assessment Type | Summative | Weighting | 35 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Written evaluation of a complex pre-negotiation scenario, including the advice regarding potential outcomes, which will serve the basis for negotiations in person. |
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| Knowledge Level | Thinking Skill | Outcome |
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| Assessment Type | Summative | Weighting | 40 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
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There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
If a student fails negotiation via email, the student will have to submit a written submission on three theoretical questions related to the initial task. The percentage of the other successfully completed assessments are carried over. If a student fails a written submission, the student will have to submit a written submission on three theoretical questions related to the initial task. The percentage of the other successfully completed assessments are carried over. If a student fails negotiation in person, the student will have another round of in-person negotiations organized at the resit diet. The percentage of the other successfully completed assessments are carried over. |
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| Knowledge Level | Thinking Skill | Outcome |
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| Knowledge Level | Thinking Skill | Outcome |
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| Conceptual | Evaluate | To analyse and evaluate the advantages and disadvantages of different negotiation theories, strategies and tactics, and their fitness for different negotiation scenarios. |
| Factual | Understand | To develop a basic understanding of the spectrum of alternative dispute resolution methods and their appropriateness for different types of disputes. |
| Procedural | Create | To communicate in writing information, advice and choices in an effective manner. |
| Conceptual | Understand | To gain knowledge and understanding of the negotiation theories, strategies and tactics. |
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