77760 Family Dispute Resolution

Requisite(s): 60 credit points of completed study in C04148 Master of Law and Legal Practice AND 79771c Dispute Resolution (PG)

These requisites may not apply to students in certain courses.

There are also course requisites for this subject. See access conditions.

This subject provides instruction in the theoretical and practical aspects of the use of non-adversarial techniques for resolving family disputes. Different approaches and skills are presented together with a critical evaluation of the use of such techniques. Less adversarial approaches to trials relating to disputes over children and the impact of new legislation is considered in the context of the new family law framework.

The subject covers such topics as:

• the nature of family disputes
• the legal system and the new family law framework for the resolution of family disputes
• the less adversarial approach to trials in the Family Court of Australia
• dispute resolution processes in relation to financial aspects of family disputes
• children's issues in family disputes
• the effects of domestic violence and the power dynamic in family disputes
• ethical issues in conducting family dispute resolution processes
• developments in dispute resolution practice including Collaborative Law practice and compulsory community based services.

Students are introduced to the legal, psychological and social aspects of family disputes through formal information giving and also through experiential teaching techniques. They are expected to research in the area to further their understanding of this complex and challenging area of law and social policy. Students may choose their area of research for a written paper and seminar presentation.

Note(s)

This subject was formerly called Interpersonal Conflict Resolution.