DISPUTE RESOLUTION

LAW1DR

2018

Credit points: 15

Subject outline

A significant aspect of a lawyer's work involves helping people resolve disputes. This subject provides a general introduction to the theoretical and practical aspects of conflict and dispute resolution. The processes of arbitration, conciliation, mediation and negotiation are described and evaluated. Guest lecturers detail how these processes are used in a range of areas including family law, commercial disputes and private disputes. Developments in the range of non-adversarial justice initiatives are examined. Current issues in the use of dispute resolution such as accreditation, ethics, negotiating in the 'shadow of the law' and lawyers acting as mediators are analysed. Skills-based training in negotiation and mediation is a major and compulsory component of the subject.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorLola Akin Ojelabi

Available to Study Abroad StudentsNo

Subject year levelYear Level 1 - UG

Exchange StudentsNo

Subject particulars

Subject rules

Prerequisites Must be admitted to any Bachelor of Laws degree or Must be admitted to a Bachelor of Criminology program

Co-requisitesN/A

Incompatible subjects LST3DRE,LAW2/3DRE

Equivalent subjectsN/A

Special conditions Must be admitted to any Bachelor of Laws UG degree or have permission from Law Director of Programs

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsAlternative Dispute ResolutionRecommendedSourdin, T.5th Edition
ReadingsDispute Resolution in AustraliaRecommendedAstor, H., Chinkin, C.BUTTERWORTHS 2ND EDN (2002)
ReadingsDispute Resolution in Australia: Cases, Commentary and MaterialsRecommendedSpencer,D & Hardy, S.2ND EDN. 2009
ReadingsGetting to Yes: negotiating agreements without giving inRecommendedFisher, R. and Ury, W.2ND EDITION, RANDOM CENTURY 1991
ReadingsMediation: Skills and TechniqueRecommendedBoulle, L.3RD EDITION, BUTTERWORTHS 2005
ReadingsAlternative Dispute Resolution: Law and PracticeRecommendedLaurence Boulle and Rachael FieldLexisNexis Butterworths, 2017

Graduate capabilities & intended learning outcomes

01. Describe and evaluate the key features of a range of dispute resolution processes, including non-determinative processes, and their interface with the Australian legal system.

Activities:
in class skills based activity. Essays.
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills

02. Explain the differences between the various approaches to dispute resolution.

Activities:
In class skill based activity. Essays.
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills

03. Demonstrate an understanding of the skills involved in dispute resolution including active listening, questioning, reflection, summary, reframing, agenda setting, identification of parties, interests and needs.

Activities:
In class skill based activity. Skills in questions in examination. Role play.
Related graduate capabilities and elements:
Literacies and Communication Skills
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Personal and Professional Skills

04. Demonstrate the application of the facilitative approach to mediation

Activities:
In class skill based activity. Role play.
Related graduate capabilities and elements:
Literacies and Communication Skills
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Personal and Professional Skills
Personal and Professional Skills

06. Evaluate and analyse the role of various dispute resolution mechanisms and lawyers within the legal system and broader community.

Activities:
In class skill based activity. Essay questions in examination.
Related graduate capabilities and elements:
Literacies and Communication Skills
Literacies and Communication Skills
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills

08. Apply teamwork and micro skills in communication, negotiation and mediation in a small group setting.

Activities:
In class skill based activity. Role play
Related graduate capabilities and elements:
Literacies and Communication Skills
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Personal and Professional Skills
Personal and Professional Skills

Subject options

Select to view your study options…

Start date between: and    Key dates

Bendigo, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJudith Gutman

Class requirements

Seminar Week: 11 - 22
One 2.0 hours seminar per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Lecture Week: 10 - 22
One 1.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
Short Essay (1000 words)1000 words Referencing according to AGLC is required 25 01, 02, 06
Role Play (1000 word equivalent)This assessment is a compulsory requirement. Mediation role-play is performed in seminars. Students who do not participate in the Role Play Assessment cannot pass this subject. 20 02, 03
In class skill based activity (500 word equivalent)Engagement in skill-based activities is required Attendance is compulsory 10 01, 02, 03, 04, 06, 08
Library Research Quiz and essay (2000 words)The library research quiz consists of a number of activities to help students learn how to do research in order to complete their assignment. This part of the assessment is worth 5%. The Essay is worth 40%. 2000 words. 45 01, 02, 06

Melbourne, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJudith Gutman

Class requirements

Seminar Week: 11 - 22
One 2.0 hours seminar per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Lecture Week: 10 - 22
One 1.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
Short Essay (1000 words)1000 words Referencing according to AGLC is required 25 01, 02, 06
Role Play (1000 word equivalent)This assessment is a compulsory requirement. Mediation role-play is performed in seminars. Students who do not participate in the Role Play Assessment cannot pass this subject. 20 02, 03
In class skill based activity (500 word equivalent)Engagement in skill-based activities is required Attendance is compulsory 10 01, 02, 03, 04, 06, 08
Library Research Quiz and essay (2000 words)The library research quiz consists of a number of activities to help students learn how to do research in order to complete their assignment. This part of the assessment is worth 5%. The Essay is worth 40%. 2000 words. 45 01, 02, 06