LAW1DR

DISPUTE RESOLUTION

LAW1DR

2017

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-ordinatorJudith Gutman

Available to Study Abroad StudentsNo

Subject year levelYear Level 1 - UG

Exchange StudentsNo

Subject particulars

Subject rules

Prerequisites LAW1LIM or a co-requisite for students enrolled in an undergraduate law course or with permission of Director of Programs.

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

Learning resources

Readings

Resource Type	Title	Resource Requirement	Author and Year	Publisher
Readings	Alternative Dispute Resolution	Recommended	Sourdin, T.	4TH EDITION, LAWBOOK CO 2012
Readings	Dispute Resolution in Australia	Recommended	Astor, H., Chinkin, C.	BUTTERWORTHS 2ND EDN (2002)
Readings	Dispute Resolution in Australia: Cases, Commentary and Materials	Recommended	Spencer,D & Hardy, S.	2ND EDN. 2009
Readings	Getting to Yes: negotiating agreements without giving in	Recommended	Fisher, R. and Ury, W.	2ND EDITION, RANDOM CENTURY 1991
Readings	Mediation: Skills and Technique	Recommended	Boulle, L.	3RD EDITION, BUTTERWORTHS 2005

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:: Class participation. Essays.
Related graduate capabilities and elements:: Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)

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

Activities:: Class participation. Essays.
Related graduate capabilities and elements:: Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)

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:: Class participation. Skills in questions in examination. Role play.
Related graduate capabilities and elements:: Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)

04. Demonstrate the application of the facilitative approach to mediation

Activities:: Class participation. Role play.
Related graduate capabilities and elements:: Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour); Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)

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

Activities:: Class participation. Essay questions in examination.
Related graduate capabilities and elements:: Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)

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

Activities:: Class participation. Role play
Related graduate capabilities and elements:: Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Literacies and Communication Skills(Writing,Speaking,Cultural Literacy); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research); Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour); Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)

Subject options

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Bendigo, 2017, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJudith Gutman

Class requirements

SeminarWeek: 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.

LectureWeek: 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 element	Comments	%	ILO*
Library Research Quiz	Exercises to help students learn how to do research in order to complete their assignments.	5	01, 02, 06
Short Essay	1000 words Referencing according to AGLC is required	25	01, 02, 06
Role Play	Mediation role-play performed in seminar Compulsory requirement Students who do not participate in the Role Play Assessment cannot pass the subject	20	02, 03
Class Participation	Engagement in skill-based activities is required Attendance is compulsory	10	01, 02, 03, 04, 06, 08
Essay	2500 words Referencing according to AGLC is required	40	01, 02, 06

Melbourne, 2017, Semester 1, Blended