DISPUTE RESOLUTION

LAW1DR

2019

Credit points: 15

Subject outline

A significant aspect of a lawyer's work involves helping people resolve disputes. Dispute resolution practice and policy making also involves professionals from other fields including health, education and finance. There are also significant developments in the use of alternative dispute resolution processes within the criminal justice system. 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. Lectures 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 processes 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; LVLGE; LVLGEB; LVLUE; LVLUEB; LWLA; LWLAC; LWLAS; LWLAT; LWLATB; LWLBUSB; LWLBUS; LWLE; LWLEC; LWLEE; LWLF; LWLFI; LWLINT; LWLIR; LWLM; LWLMC; LWLPY; LWLPYB; LWLSC; LWLSCB; LZCOML; LZCRL; LZCRLB; LWLBM;LWLPPE; LWCOML

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsAlternative Dispute ResolutionRecommendedSourdin, T.5th Edition
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
ReadingsAlternative Dispute Resolution: Law and PracticeRecommendedLaurence Boulle and Rachael FieldLexisNexis 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. Final Examination.
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. Final 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:
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)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Literacies and Communication Skills (Writing,Speaking,Cultural Literacy)
Literacies and Communication Skills (Writing,Speaking,Cultural Literacy)

05. Evaluate and analyse the role of various dispute resolution mechanisms and professionals within the legal system and broader community.

Activities:
In class skill based activity. Final 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)
Personal and Professional Skills (Teamwork including leadership and working in groups,Ethical behaviour)

06. 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)
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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Start date between: and    Key dates

Bendigo, 2019, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJudith Gutman

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*
Library Research Quiz (Equivalent to 250 words) and Short Essay (1000 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%. Referencing according to AGLC is required for the Essay part of the assessment. Essay is worth 20%. 25 01, 02, 05
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 03, 04, 06
In class skill based activity (Equivalent to 500 words)Engagement in skill-based activities is required Attendance is compulsory. 10 01, 02, 03, 04, 05, 06
Final Examination (1750 words)Examination will take place during University Examination Period.45 01, 02, 03, 05

Melbourne, 2019, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJudith Gutman

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*
Library Research Quiz (Equivalent to 250 words) and Short Essay (1000 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%. Referencing according to AGLC is required for the Essay part of the assessment. Essay is worth 20%. 25 01, 02, 05
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 03, 04, 06
In class skill based activity (Equivalent to 500 words)Engagement in skill-based activities is required Attendance is compulsory. 10 01, 02, 03, 04, 05, 06
Final Examination (1750 words)Examination will take place during University Examination Period.45 01, 02, 03, 05