DISPUTE RESOLUTION

LAW1DR

2014

Credit points: 15

Subject outline

A significant aspect of lawyers' 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 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.

FacultyFaculty of Business, Economics and Law

Credit points15

Subject Co-ordinatorJudith Gutman

Available to Study Abroad StudentsNo

Subject year levelYear Level 1 - UG

Exchange StudentsNo

Subject particulars

Subject rules

Prerequisites Admission in course belonging to progression group LLAWU

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.4TH EDITION, LAWBOOK CO 2012
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

Subject options

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Start date between: and    Key dates

Bendigo, 2014, Semester 1, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJudith Gutman

Class requirements

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.

Seminar Week: 10 - 22
One 2.0 hours seminar per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments%
class participation10
one 1,000-word essay20
one 2-hour final examination50
one 20-minute role play20

Melbourne, 2014, Semester 1, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJudith Gutman

Class requirements

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.

Seminar Week: 10 - 22
One 2.0 hours seminar per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments%
class participation10
one 1,000-word essay20
one 2-hour final examination50
one 20-minute role play20