DISPUTE RESOLUTION

LAW1DR

2021

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/Exchange StudentsNo

Subject year levelYear Level 1 - UG

Available as ElectiveNo

Learning ActivitiesIn class skill-based activity. Final examination. Role play.

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

Readings

Dispute Resolution in Australia

Resource TypeRecommended

Resource RequirementN/A

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

Dispute Resolution in Australia: Cases, Commentary and Materials

Resource TypeRecommended

Resource RequirementN/A

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 TypeRecommended

Resource RequirementN/A

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

Mediation: Skills and Technique

Resource TypeRecommended

Resource RequirementN/A

AuthorBoulle, L.

Year2005

Edition/Volume3RD EDITION

PublisherBUTTERWORTHS

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 TypeRecommended

Resource RequirementN/A

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

Alternative Dispute Resolution

Resource TypeRecommended

Resource RequirementN/A

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

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…

Start date between: and    Key dates

Bendigo, 2021, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorLola Akin Ojelabi

Class requirements

LectureWeek: 10 - 22
One 1.00 h 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 h seminar per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.
1hr lecture + 2hr seminar. Lecture to be ELT with Videolink to BE ARTS403. Flat seminar rooms with table & chairs, & air con.

Assessments

Assessment elementCommentsCategoryContributionHurdle% ILO*

Library Research Quiz (Equivalent to 250 words 5%) and Short Essay (1000 words 20%) The library research quiz consists of a number of activities to help students learn how to do research in order to complete their assignment. Referencing according to AGLC is required for the Essay.

N/AAssignmentIndividualNo25 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/AOtherIndividualNo20 SILO3, SILO4, SILO6

In class skill based activity (Equivalent to 500 words) Engagement in skill-based activities is required Attendance is compulsory.

N/AOtherIndividualNo10 SILO1, SILO2, SILO3, SILO4, SILO5, SILO6

Final Examination (1750 words) Examination will take place during University Examination Period.

N/ACentral examIndividualNo45 SILO1, SILO2, SILO3, SILO5

Melbourne (Bundoora), 2021, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorLola Akin Ojelabi

Class requirements

LectureWeek: 10 - 22
One 1.00 h 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 h seminar per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.
1hr lecture + 2hr seminar. Lecture to be ELT with Videolink to BE ARTS403. Flat seminar rooms with table & chairs, & air con.

Assessments

Assessment elementCommentsCategoryContributionHurdle% ILO*

Library Research Quiz (Equivalent to 250 words 5%) and Short Essay (1000 words 20%) The library research quiz consists of a number of activities to help students learn how to do research in order to complete their assignment. Referencing according to AGLC is required for the Essay.

N/AAssignmentIndividualNo25 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/AOtherIndividualNo20 SILO3, SILO4, SILO6

In class skill based activity (Equivalent to 500 words) Engagement in skill-based activities is required Attendance is compulsory.

N/AOtherIndividualNo10 SILO1, SILO2, SILO3, SILO4, SILO5, SILO6

Final Examination (1750 words) Examination will take place during University Examination Period.

N/ACentral examIndividualNo45 SILO1, SILO2, SILO3, SILO5