Negotiation is the most popular Alternative Dispute Resolution mechanism in legal practice today. Negotiation is not only used a way to resolve disputes – negotiation occurs everywhere in the commercial context, especially when negotiating terms of a contract. Basic skills of negotiation are important and necessary for commercial and legal practice.
The 2017 Clayton Utz Negotiation Competition mimics a mediation session between two teams of lawyers, each representing a hypothetical party in an attempt to negotiate through and resolve a dispute. Teams consist of two members each, who shall remain together for the duration of the competition. After preparing, the teams will come together to discuss the various issues and attempt to come to an agreement that best meets their client’s instructions. 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 Metro trains and train drivers’ union negotiation).
In 2017, all teams will have the opportunity to compete in both Rounds 1 and 2, to ensure all competitors have double the opportunity to put their negotiation skills to the test against other law students. From Round 2, the competition will take the form of a knockout style competition.
Registration is closed for 2017 and will reopen in 2018.
Time commitment: The brief will be released at 1:00PM the day before teams are scheduled to compete. Teams are expected to read over the briefing and devise a strategy. It is important that teams have a detailed knowledge of the problem, so that they do not need to refer to basic information during the negotiation. The more practice and preparation teams undertake, the better. The brief received by the competitors will contain a given set of common facts, which set out the background of the scenario.
Team size: 2 members
Attire: Please wear business attire to your negotiation session
Information and Skills Session: Thursday 2 March
Semester 1, Week 4: Monday 20 and Thursday 23 March
Semester 1, Week 6: Monday 3 and Thursday 6 April
Semester 1, Week 8: Monday 24 and Wednesday 26 April
Semester 1, Week 10: Monday 8 and Thursday 11 May
Semester 2, Week 2: Monday 31 July
Semester 2, Week 5: Monday 21 August
Semester 2, Week 9: Monday 18 September at Clayton Utz Melbourne Office
Download a sample Negotiation scenario from the 2012 competition here.
Download the 2017 MULSS Clayton Utz Negotiation Competition Guidebook here.
2016: Thomas Diaz and Matthew Caldow
2015: Hector Sharp and Emma Reed
2014: Karina Bradley and James Gray
2013: Cyril Cotterall-Debay and Daniel Wright
2012: Antony Freeman and Nicholas James Baum
2011: Andrea De Souza and Daniel Holmes
2010: Jiaying Zhang and Julia Wang
2009: Nicholas Liau and Samantha Jreissati