Overview
This experiential course examines the theory, practice, ethics, and professional communication of negotiation, mediation, and legal advocacy. Students develop structured approaches to dispute analysis, preparation, client counseling, interest identification, risk assessment, bargaining strategy, and settlement design. Core concepts include positions and interests, BATNA and reservation values, distributive and integrative bargaining, active listening, questioning, framing, persuasion, emotional and cultural dynamics, and ethical decision-making.
The mediation component addresses mediation models, mediator roles, confidentiality, impartiality, caucusing, power imbalances, informed participation, and enforceable settlement agreements. The advocacy component develops theory of the case, factual development, opening and closing statements, direct and cross-examination, objections, evidentiary themes, written advocacy, and professional demeanor. Structured simulations draw on commercial, family, workplace, public-interest, and community disputes, with students alternating among advocate, client, mediator, and observer roles.
Learning Outcomes
- Analyse disputes by distinguishing positions, interests, risks, authority, and available alternatives.
- Develop negotiation and mediation preparation plans that integrate BATNA, reservation values, evidence, objectives, and ethical constraints.
- Apply active listening, questioning, framing, persuasion, and culturally responsive communication in simulated professional interactions.
- Evaluate emotional dynamics, power imbalances, confidentiality concerns, and conflicts of interest in dispute-resolution practice.
- Conduct principled and strategically appropriate negotiations that seek durable, informed, and ethically defensible outcomes.
- Facilitate mediation sessions using appropriate models, caucusing techniques, impartiality standards, and settlement procedures.
- Construct and present a persuasive theory of the case through opening statements, examination, objections, closing submissions, and written advocacy.
- Provide specific, constructive feedback on professional performance and incorporate feedback into subsequent practice.
- Reflect critically on communication choices, ethical judgment, professional demeanor, and the effectiveness of dispute-resolution strategies.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Workshop | 2 hours | Weekly | All semester |
| Simulation | 2 hours | Fortnightly | All semester |
| Tutorial | 1 hour | Weekly | All semester |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Negotiation and case-preparation plan | 15.00% |
| Test | Simulation performance and professional conduct | 20.00% |
| Test | Mediation simulation and mediator evaluation | 20.00% |
| Assignment | Reflective analysis of professional performance | 15.00% |
| Capstone | Advocacy or mediation portfolio | 30.00% |
Prerequisites
Teaching Staff & Programs
This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.
