In addition to, and to facilitate the achievement of the underlying Mandatory and Core learning outcomes prescribed by the Law Society of Scotland, by the end of the Diploma each student should be able to:
1. Understand different approaches to the theory of negotiation: explain the differences between co-operative, problem-solving, and adversarial negotiation, and the effects of each approach in practice; demonstrate differences between models in action.
2. Communicate with a client throughout a negotiation: be aware of and remain within boundaries of action plan agreed with client; take instruction from and advise client; negotiate aims with a client; have a clear sense of remit.
3. Plan a negotiation: identify factual and legal issues; understand client’s objectives and prioritise these; discern strengths and weaknesses in a matter, including BATNA; develop a plan of action based on a rational assessment of objectives, strengths and weaknesses.
4. Select strategies to conduct a negotiation: choose strategies that will achieve client objectives; modify strategies flexibly; create a structure that allows negotiation to take place in a coherent manner; be persuasive; use legal logic to further the client’s case; respond to offers and make concessions appropriately.
5. Negotiate according to the practice and conventions of at least one area of law: demonstrate an awareness of practitioner conventions and situated negotiation practice; know and use relevant procedural and substantive law to achieve client objectives.
6. Develop techniques for appraising and developing their own negotiating style: modify own practice in the context of feedback from tutors and peers; demonstrate improvement in practice throughout the span of the Diploma.
7. Introduce and conclude an interview effectively: meet and greet the client; explain the structure of the interview; demonstrate a courteous attitude to the client; draw the interview to a graceful close.
8. Conduct a client-centred interview: encourage the client to explain concerns; identify the client’s goals, and help the client define priorities among the goals; confirm his/her understanding of the client’s concerns sensitively; use listening techniques; obtain the client’s full instructions.
9. Use appropriate questioning techniques: use open and closed questions where appropriate; focus on a fact pattern without losing sight of the whole.
10. Determine what information is required from client or others: elicit necessary information from client; identify what further information is required, both factual and legal; identify where that information may be found.
11. Record the matter accurately: record all relevant factual, legal, procedural and evidential matters; note legal research to be carried out; note possible and actual courses of action; confirm client action and own action in retainer letter or precognition or other document.
12. Advise the client: assist the client to come to a decision regarding the best course of action, taking into account costs, benefits and risks; advise on both legal and non-legal courses of action; advise on a course of action (or give persuasive reasons for absence of advice); construct a feasible time scale for future action.
13. Deal with appropriate professional and ethical issues during and after the interview: identify conflicts of interest and other ethical dilemmas; keep information confidential, identify unethical modes of action and deal appropriately with these.
14. Develop techniques for appraising and developing their own interviewing style: modify own practice in the context of feedback from tutors and peers; demonstrate improvement in practice throughout the span of the Diploma.
15. Write accurate and grammatically correct letters or reports that achieve their purpose: ensure that the documents achieve client goals; perform client, supervisor or tutor instructions; seek information; communicate only relevant information; relate appropriately to other documents or advice.
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