Expert legal commentary: The TIPP method for negotiating with difficult people

George H. Golvan QC Bjuris 1968, LLB 1970

“Never get angry. Never make a threat. Reason with people.”: Don Vito Corleone – The Godfather.

I propose a useful acronym, which I call TIPP, which identifies, in my opinion, the most important strategies to remember when negotiating with difficult people. 

The goal is to try to shift a difficult negotiator from an aggressive competitive approach to a rational problem solving approach. 

TIPP stands for: Time, Interests, Persuasion and Persistence.

Celebrating achievement: Monash Law Team wins Silver at International Mediation Competition in Paris

Ms Tessa Sullivan
(postgraduate student),
Ms Naomi Burstyner (coach),
Ms Wendy Gaddie (coach),
Ms Jemima Roe
(undergraduate student),
Ms Julia Larner
(postgraduate student)
and Ms Joanne Paul
(postgraduate student)

For the first time, a Monash Law Faculty team entered and participated in the prestigious International Chamber of Commerce (ICC) Mediation Competition held in Paris in February this year.

The Monash team came second, winning silver, from a field of 66 teams and 500 participants. The team received three trophies and won two special awards – one for best Mediation Plan and the other for best Advocacy. Accolades from both Judges and spectators were also received.

Celebrating achievement: Foreign Direct Investment International Arbitral Moot Competition

Mr Stephen Moore,
Ms Nicole Franklin
and Ms Priya Wakhlu

Monash Law students Ms Nicole Franklin, Mr Stephen Moore and Ms Priya Wakhlu have found success at the Foreign Direct Investment International Arbitral Moot Competition in Frankfurt, Germany.

The Foreign Direct Investment International Arbitral Moot focuses on investor-state arbitration, and is designed to give students experience in this rapidly developing area of law. Preparation for the competition involved developing a strong understanding of public international law, foreign investment law and evidentiary and procedural norms. This knowledge was advanced through both written submissions prior to the competition, and oral submissions in Frankfurt.

Expert legal commentary: Hong Kong’s Emergence as a Centre of Transnational Arbitration

By Mr Malcolm Chin, Partner, Minter Ellison, Hong Kong

Mr Malcolm Chin

Since the end of the Second World War, arbitration, given impetus by international conventions, has evolved into the leading method of resolving complex cross-border or transnational disputes. As a result arbitration has become something of a growth industry, with jurisdictions increasingly vying with each other to promote their own arbitration regimes to the international community.

Traditionally European centres such as London and Stockholm have been at the forefront of this movement but now cities in Asia have joined them.  While for example Seoul is making great strides, the two front runners remain Hong Kong and Singapore. By some measures Singapore is seen as having overtaken Hong Kong; for example it markets itself aggressively as leading the field in terms of the number of fully administered arbitrations it attracts. The Singapore International Arbitration Centre, SIAC, has certainly modelled itself to a degree on the doyen of institutional arbitration bodies the ICC – with, some suggest, a price tag to match. But there are other measures of success. One of Hong Kong's strengths, other than its large pool of experienced practitioners and acceptability to the PRC and foreign investors as the preferred neutral venue, is the flexibility which it offers.

Dean’s message and invitation

Professor Bryan Horrigan

Welcome to this first edition of our new e-newsletter, The Monash Law e-Briefing. It is being launched in our Faculty’s 50th anniversary year. We hope that it keeps our alumni and the broader legal profession informed and connected with us and one another. Complementing our twice-yearly publication of Law Matters, The Monash Law e-Briefing is designed to be an accessible, regular, and useful briefing on Faculty matters and commentary of interest and relevance to you.

Now recognised as a truly global law faculty, we attract top students, provide first-rate opportunities, produce world-class research, and benefit from high-quality alumni, many of whom are well known as thought leaders and pioneers in their chosen professional careers throughout the world. In keeping with this societal outreach and track record after 50 years, The Monash Law e-Briefing aims to provide many things of value to you in your everyday work, engagement with us, and connections with others in professional life.

Celebrating achievement: Monash University selected to participate in an international mediation competition in Paris

As you would be aware, our Faculty is always looking for opportunities to extend its reach and world class reputation. For the first time, Monash University (the Faculty of Law and the Australian Centre for Justice Innovation) has been selected to participate in the prestigious 9th Annual International Chamber of Commerce mediation competition to be held in Paris in February this year.

The competition involves teams from law and business schools from more than 40 countries taking part in mock mediation sessions (where participants act as lawyers for their clients), training programs and social events. The competition requires participants to apply their skills in managing conflict during the mediation of commercial disputes. Participants are judged by their ability to work collaboratively, maintain their client’s interests and negotiate the best settlement for their client.

Expert legal commentary: Melbourne as an Emerging Player in the Region: an Arbitrator Perspective

Mr Neil Kaplan
CBE QC SBS

By Neil Kaplan CBE QC SBS

It surprises me that with all the natural resources produced by Australia, the inevitable disputes that arise from trade of this nature often find themselves being dealt with in international arbitration outside of Australia. The question arises whether Australian corporations and their legal advisers are negotiating hard enough to keep the disputes within Australia. I accept that there may well be a geographic problem. But given the size of the business, the generally favourable law of arbitration throughout Australia, the Australian legal diaspora and the large number of eminent Australian arbitrators, it does seem strange that so many of these cases are dealt with outside Australia.