law1dr dispute resolution

DISPUTE RESOLUTION

LAW1DR

2020

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 (Pre 2022)

Credit points15

Subject Co-ordinatorJudith Gutman

Available to Study Abroad/Exchange StudentsNo

Subject year levelYear Level 1 - UG

Exchange StudentsNo

Available as ElectiveNo

Learning ActivitiesN/A

Capstone subjectNo

Subject particulars

Subject rules

Prerequisites Admission into: LBLX; LVLGE; LVLGEB; LVLUE; LVLUEB; LWLA; LWLAC; LWLAS; LWLAT; LWLWA; 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

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Learning resources

Dispute Resolution in Australia: Cases, Commentary and Materials

Resource TypeBook

Resource RequirementRecommended

AuthorSpencer,D & Hardy, S.

Year2009

Edition/Volume2ND EDN

PublisherN/A

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Alternative Dispute Resolution: Law and Practice

Resource TypeBook

Resource RequirementRecommended

AuthorLaurence Boulle and Rachael Field

Year2017

Edition/VolumeN/A

PublisherLexisNexis Butterworths

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Getting to Yes: negotiating agreements without giving in

Resource TypeBook

Resource RequirementRecommended

AuthorFisher, R. and Ury, W.

Year1991

Edition/Volume2ND EDITION

PublisherRANDOM CENTURY

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Dispute Resolution in Australia

Resource TypeBook

Resource RequirementRecommended

AuthorAstor, H., Chinkin, C.

Year2002

Edition/Volume2ND EDN

PublisherBUTTERWORTHS

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Mediation: Skills and Technique

Resource TypeBook

Resource RequirementRecommended

AuthorBoulle, L.

Year2005

Edition/Volume3RD EDITION

PublisherBUTTERWORTHS

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Alternative Dispute Resolution

Resource TypeBook

Resource RequirementRecommended

AuthorSourdin, T.

YearN/A

Edition/Volume5th Edition

PublisherN/A

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing

COMMUNICATION - Cultural Intelligence and Global Perspective

DISCIPLINE KNOWLEDGE AND SKILLS

INQUIRY AND ANALYSIS - Creativity and Innovation

INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving

INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry

PERSONAL AND PROFESSIONAL - Ethical and Social Responsibility

PERSONAL AND PROFESSIONAL - Leadership and Teamwork

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.

02. Explain the differences between the various approaches to dispute resolution.

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.

04. Demonstrate the application of the facilitative approach to mediation

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

06. Apply teamwork and micro skills in communication, negotiation and mediation in a small group setting.

Subject options

Select to view your study options…

Bendigo, 2020, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment informationN/A

Subject Instance Co-ordinatorJudith Gutman

Class requirements

LectureWeek: 10 - 22
One 1.00 hour lecture per week on weekdays during the day from week 10 to week 22 and delivered via video conference.

SeminarWeek: 11 - 22
One 2.00 hours seminar per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Assessments

Assessment element	Comments	Category	Contribution	Hurdle	%	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%.	N/A	N/A	N/A	No	25	SILO1, SILO2, SILO5
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.	N/A	N/A	N/A	No	20	SILO3, SILO4, SILO6
In class skill based activity (Equivalent to 500 words)Engagement in skill-based activities is required Attendance is compulsory.	N/A	N/A	N/A	No	10	SILO1, SILO2, SILO3, SILO4, SILO5, SILO6
Final Examination (1750 words)Examination will take place during University Examination Period.	N/A	N/A	N/A	No	45	SILO1, SILO2, SILO3, SILO5

Melbourne (Bundoora), 2020, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment informationN/A

Subject Instance Co-ordinatorJudith Gutman

Class requirements

LectureWeek: 10 - 22
One 1.00 hour lecture per week on weekdays during the day from week 10 to week 22 and delivered via video conference.

SeminarWeek: 11 - 22
One 2.00 hours seminar per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Assessments

Assessment element	Comments	Category	Contribution	Hurdle	%	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%.	N/A	N/A	N/A	No	25	SILO1, SILO2, SILO5
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.	N/A	N/A	N/A	No	20	SILO3, SILO4, SILO6
In class skill based activity (Equivalent to 500 words)Engagement in skill-based activities is required Attendance is compulsory.	N/A	N/A	N/A	No	10	SILO1, SILO2, SILO3, SILO4, SILO5, SILO6
Final Examination (1750 words)Examination will take place during University Examination Period.	N/A	N/A	N/A	No	45	SILO1, SILO2, SILO3, SILO5