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 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

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…

Start date between: and    Key dates

Bendigo, 2015, Semester 1, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorAlikki Vernon

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*
class participation10 01, 02, 03, 04, 05, 06, 07
one 1,000-word essay20 01, 02
one 2-hour final examination50 03, 05, 06, 07
one 20-minute role play20 03, 04

Melbourne, 2015, Semester 1, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorAlikki Vernon

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*
class participation10 01, 02, 03, 04, 05, 06, 07
one 1,000-word essay20 01, 02
one 2-hour final examination50 03, 05, 06, 07
one 20-minute role play20 03, 04