law1dr dispute resolution
DISPUTE RESOLUTION
LAW1DR
2015
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-ordinatorAlikki Vernon
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, in written and oral form, the key features of the range of dispute resolution processes and non-adversarial justice processes that operate in Australia
- Activities:
- Class participation. Short essay.
- Related graduate capabilities and elements:
- Writing(Writing)
02. Explain the differences between the various approaches to dispute resolution through class participation and a written essay
- Activities:
- Class participation. Short essay.
- Related graduate capabilities and elements:
- Writing(Writing)
03. Demonstrate, in written and oral form, an understanding of the skills involved in dispute resolution including active listening, questioning, reflection, summary, reframing, agenda setting, and the identification of parties' interests and needs
- Activities:
- Class participation. Skills in questions in examination. Role play.
- Related graduate capabilities and elements:
- Teamwork(Teamwork)
- Speaking(Speaking)
04. Demonstrate the application of the facilitative approach to mediation
- Activities:
- Class participation. Role play.
- Related graduate capabilities and elements:
- Speaking(Speaking)
05. Discuss various aspects of different dispute resolution processes including ethics, accountability and the legal issues relevant to mediation
- Activities:
- Role play. Class participation.
- Related graduate capabilities and elements:
- Speaking(Speaking)
- Teamwork(Teamwork)
06. Evaluate the role of various dispute resolution mechanisms within the legal system as they apply to family, criminal and commercial law
- Activities:
- Class participation. Essay questions in examination.
- Related graduate capabilities and elements:
- Writing(Writing)
- Speaking(Speaking)
07. Analyse the role of lawyers in dispute resolution through writing and in oral form
- Activities:
- Class participation. Short essay. Essay questions in examination.
- Related graduate capabilities and elements:
- Writing(Writing)
- Speaking(Speaking)
Subject options
Select to view your study options…
Bendigo, 2015, Semester 1, Day
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorAlikki Vernon
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* |
|---|---|---|---|
| class participation | 10 | 01, 02, 03, 04, 05, 06, 07 | |
| one 1,000-word essay | 20 | 01, 02 | |
| one 2-hour final examination | 50 | 03, 05, 06, 07 | |
| one 20-minute role play | 20 | 03, 04 |
Melbourne, 2015, Semester 1, Day
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorAlikki Vernon
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* |
|---|---|---|---|
| class participation | 10 | 01, 02, 03, 04, 05, 06, 07 | |
| one 1,000-word essay | 20 | 01, 02 | |
| one 2-hour final examination | 50 | 03, 05, 06, 07 | |
| one 20-minute role play | 20 | 03, 04 |