77765 Resolution Strategies for the Litigated Case

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

These requisites may not apply to students in certain courses.

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

This subject explores the incorporation of dispute resolution processes into the court system. It draws on programs in courts in Australia and overseas, addresses the impact of dispute resolution on the formal adversarial system, examines the interface of the informal and formal systems, and the effect of the formal settlement system on the less formal dispute resolution processes.

This subject deals with topics central to the emerging phenomenon of court-connected programs and the challenges of court-ordered mediation, including:

• changes to civil practice and procedure
• court programs in civil, equity, state and federal courts in Australia and overseas
• the impact of mandatory mediation on the running of a litigated case
• referral criteria for mandatory mediation
• the challenges of a court order to mediate on the parties, their lawyers and the mediation process
• judicial mediation and the role of the judiciary
• the role of court officers in resolving cases that are being litigated
• commission and tribunals and the fine line between advisory and determinative processes.

Assessment is based on written assignment that critiques this emerging phenomenon and the implications for the rule of law and the dispute resolution movement.

Note(s)

This subject was formerly called Court-Based Dispute Resolution.