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.
School: La Trobe Law School (Pre 2022)
Credit points: 15
Subject Co-ordinator: Judith Gutman
Available to Study Abroad/Exchange Students: No
Subject year level: Year Level 1 - UG
Available as Elective: No
Learning Activities: N/A
Capstone subject: No
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-requisites: N/A
Incompatible subjects: N/A
Equivalent subjects: N/A
Quota Management Strategy: N/A
Quota-conditions or rules: N/A
Special conditions: N/A
Minimum credit point requirement: N/A
Assumed knowledge: N/A
Learning resources
Dispute Resolution in Australia: Cases, Commentary and Materials
Resource Type: Book
Resource Requirement: Recommended
Author: Spencer,D & Hardy, S.
Year: 2009
Edition/Volume: 2ND EDN
Publisher: N/A
ISBN: N/A
Chapter/article title: N/A
Chapter/issue: N/A
URL: N/A
Other description: N/A
Source location: N/A
Alternative Dispute Resolution: Law and Practice
Resource Type: Book
Resource Requirement: Recommended
Author: Laurence Boulle and Rachael Field
Year: 2017
Edition/Volume: N/A
Publisher: LexisNexis Butterworths
ISBN: N/A
Chapter/article title: N/A
Chapter/issue: N/A
URL: N/A
Other description: N/A
Source location: N/A
Getting to Yes: negotiating agreements without giving in
Resource Type: Book
Resource Requirement: Recommended
Author: Fisher, R. and Ury, W.
Year: 1991
Edition/Volume: 2ND EDITION
Publisher: RANDOM CENTURY
ISBN: N/A
Chapter/article title: N/A
Chapter/issue: N/A
URL: N/A
Other description: N/A
Source location: N/A
Dispute Resolution in Australia
Resource Type: Book
Resource Requirement: Recommended
Author: Astor, H., Chinkin, C.
Year: 2002
Edition/Volume: 2ND EDN
Publisher: BUTTERWORTHS
ISBN: N/A
Chapter/article title: N/A
Chapter/issue: N/A
URL: N/A
Other description: N/A
Source location: N/A
Mediation: Skills and Technique
Resource Type: Book
Resource Requirement: Recommended
Author: Boulle, L.
Year: 2005
Edition/Volume: 3RD EDITION
Publisher: BUTTERWORTHS
ISBN: N/A
Chapter/article title: N/A
Chapter/issue: N/A
URL: N/A
Other description: N/A
Source location: N/A
Alternative Dispute Resolution
Resource Type: Book
Resource Requirement: Recommended
Author: Sourdin, T.
Year: N/A
Edition/Volume: 5th Edition
Publisher: N/A
ISBN: N/A
Chapter/article title: N/A
Chapter/issue: N/A
URL: N/A
Other description: N/A
Source location: N/A
Career Ready
Career-focused: No
Work-based learning: No
Self sourced or Uni sourced: N/A
Entire subject or partial subject: N/A
Total hours/days required: N/A
Location of WBL activity (region): N/A
WBL addtional requirements: N/A
Graduate capabilities & intended learning outcomes
Graduate Capabilities
Intended Learning Outcomes
Bendigo, 2020, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Subject Instance Co-ordinator: Judith 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 | 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 | 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 | 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 | No | 10 | SILO1, SILO2, SILO3, SILO4, SILO5, SILO6 |
Final Examination (1750 words)Examination will take place during University Examination Period. | N/A | N/A | No | 45 | SILO1, SILO2, SILO3, SILO5 |
Melbourne (Bundoora), 2020, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Subject Instance Co-ordinator: Judith 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 | 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 | 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 | 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 | No | 10 | SILO1, SILO2, SILO3, SILO4, SILO5, SILO6 |
Final Examination (1750 words)Examination will take place during University Examination Period. | N/A | N/A | No | 45 | SILO1, SILO2, SILO3, SILO5 |