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.
Faculty: Faculty of Business, Economics and Law
Credit points: 15
Subject Co-ordinator: Judith Gutman
Available to Study Abroad Students: No
Subject year level: Year Level 1 - UG
Exchange Students: No
Subject particulars
Subject rules
Prerequisites: Admission in course belonging to progression group LLAWU
Co-requisites: N/A
Incompatible subjects: LST3DRE,LAW2/3DRE
Equivalent subjects: N/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 |
Bendigo, 2014, Semester 1, Day
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Judith Gutman
Class requirements
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.
SeminarWeek: 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 element | Comments | % |
|---|---|---|
| class participation | 10 | |
| one 1,000-word essay | 20 | |
| one 2-hour final examination | 50 | |
| one 20-minute role play | 20 |
Melbourne, 2014, Semester 1, Day
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Judith Gutman
Class requirements
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.
SeminarWeek: 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 element | Comments | % |
|---|---|---|
| class participation | 10 | |
| one 1,000-word essay | 20 | |
| one 2-hour final examination | 50 | |
| one 20-minute role play | 20 |