law1dr dispute resolution
DISPUTE RESOLUTION
LAW1DR
2018
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-ordinatorLola Akin Ojelabi
Available to Study Abroad StudentsNo
Subject year levelYear Level 1 - UG
Exchange StudentsNo
Subject particulars
Subject rules
Prerequisites Admission into; LBLX Bachelor of Laws (Complementary) LVLGE;LVLGEB Bachelor of Laws LVLUE;LVLUEB Bachelor of Laws LWLAS Bachelor of Laws/Bachelor of Asian Studies LWLAT;LWLATB Bachelor of Laws/Bachelor of Arts LWLBUSB Bachelor of Laws/Bachelor of Business LWLEE Bachelor of Laws/Bachelor of Electronic Engineering LWLINT Bachelor of Laws/Bachelor of International Relations LWLMC Bachelor of Laws/Bachelor of Media and Communication LWLPY;LWLPYB Bachelor of Laws/Bachelor of Psychological Science LWLSC;LWLSCB Bachelor of Laws/Bachelor of Science LZCOML Bachelor of Commerce/Bachelor of Laws LZCRL;LZCRLB Bachelor of Criminology/Bachelor of Laws LBCR;LBCRB Bachelor of Criminology LZCPY; LZCPYB Bachelor of Criminology/Bachelor of Psychological Science. LWLFI Bachelor of Laws / Bachelor of Finance LWLF Bachelor of Laws/Bachelor of Finance LWLM Bachelor of Laws/Bachelor of Media LWLA LWLAC Bachelor of Laws/Bachelor of Accounting LWLBUS Bachelor of Laws/Bachelor of Business LWLE LWLEC Bachelor of Laws/Bachelor of Economics LWLIR Bachelor of Laws/Bachelor of International Relations LWLFI # Laws/Finance LWLAC # Laws/Accounting LWLBUS (BU) # Laws/Business
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. | 5th Edition |
| 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 |
| Readings | Alternative Dispute Resolution: Law and Practice | Recommended | Laurence Boulle and Rachael Field | LexisNexis Butterworths, 2017 |
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:
- in class skills based activity. 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:
- In class skill based activity. 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:
- In class skill based activity. 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:
- In class skill based activity. 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:
- In class skill based activity. 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:
- In class skill based activity. 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, 2018, 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* |
|---|---|---|---|
| Short Essay (1000 words) | 1000 words Referencing according to AGLC is required | 25 | 01, 02, 06 |
| Role Play (1000 word equivalent) | This assessment is a compulsory requirement. Mediation role-play is performed in seminars. Students who do not participate in the Role Play Assessment cannot pass this subject. | 20 | 02, 03 |
| In class skill based activity (500 word equivalent) | Engagement in skill-based activities is required Attendance is compulsory | 10 | 01, 02, 03, 04, 06, 08 |
| Library Research Quiz and essay (2000 words) | The library research quiz consists of a number of activities to help students learn how to do research in order to complete their assignment. This part of the assessment is worth 5%. The Essay is worth 40%. 2000 words. | 45 | 01, 02, 06 |
Melbourne, 2018, 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* |
|---|---|---|---|
| Short Essay (1000 words) | 1000 words Referencing according to AGLC is required | 25 | 01, 02, 06 |
| Role Play (1000 word equivalent) | This assessment is a compulsory requirement. Mediation role-play is performed in seminars. Students who do not participate in the Role Play Assessment cannot pass this subject. | 20 | 02, 03 |
| In class skill based activity (500 word equivalent) | Engagement in skill-based activities is required Attendance is compulsory | 10 | 01, 02, 03, 04, 06, 08 |
| Library Research Quiz and essay (2000 words) | The library research quiz consists of a number of activities to help students learn how to do research in order to complete their assignment. This part of the assessment is worth 5%. The Essay is worth 40%. 2000 words. | 45 | 01, 02, 06 |