Negotiation Instructions

You are to conduct your negotiation with one other student. Each negotiating pair will have one
student representing Brad, and one student representing Harry and the ACT Times. You need to
agree which partner is representing which party in advance of the negotiation so you can begin
preparing your negotiation strategy before the class.
Your strategy needs to clearly identify the Best Alternative to a Negotiated Agreement (BATNA)
and Worst Alternative to a Negotiated Agreement (WATNA) for your client, and contain an
analysis of the strengths and weaknesses of BOTH parties. Your negotiation strategy needs to be
supported by case law and legislation.
Prepare your negotiation strategy PRIOR to the tutorial in week 13. You will be conducting your
negotiation, drafting your deed, and writing your memo, in that tutorial.
At the end of the negotiation, you need to have reached a negotiated outcome, and drafted a
Deed of Settlement.
You will then write up the following:
1) Negotiation strategy, including BATNA, WATNA, and Strengths and weakness analysis;
2) Summary of negotiated agreement;
3) Reflection on the negotiation- what worked, what didnt, and why? What could you do
differently? Would your client be pleased with the outcome?
You also need to attach your draft Deed.
A sample Deed and some drafting instructions have been provided on the LearnOnline site, along
with a coversheet and marking criteria, which must be attached to your memo and deed before
they are submitted.
All documents should be contained within ONE .doc or .docx file. The file name should be
SmithJohnA2.doc or SmithJohnA2.docx.
Word count: no more than 1000 words, excluding Deed. (Approximately 500 words for part 1; 250
words for each of parts 2 and 3). Use of dot point/tables is acceptable.
Referencing: As per AGLC3.

Fact update:
Further information for negotiation
Known to everyone:
It is six months after the events at Murphys Bar and Grill outlined in the end of semester quiz
scenario occurred.
All other outstanding issues relating to negligence, assault, and battery, have now been
resolved. The remaining issue is Brads claim in defamation.
As foreshadowed in that scenario, Harrys article Our scandalous Sportsmen was published in
the ACT Times the following weekend.
Since the article was published, it has emerged that one of Brads known associates has been
charged with drug offences related to organised crime. The allegations about domestic violence,
however, were untrue, as was the assertion that Charlene was previously married to Brad. Brads
family are deeply opposed to divorce; several relations have stopped all contact with him in
response to the articles identification of Charlene as his former wife.
The parties involved in week 13s negotiation are Brad, and Harry and the ACT Times, who Brad
has identified as jointly responsible for publishing the article. Harry and the ACT Times are
represented by a single lawyer, noting that the principles of vicarious liability will apply between
them.
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