76052 Resolving Disputes

The subject deals with the jurisprudence of dispute resolution, and the theory, dynamics and essential characteristics of the major dispute resolution processes, so that effective strategies for resolving a wide range of disputes can be formulated. There is a two-day intensive weekend component in the course for negotiation and mediation exercises and simulations.

The subject's emphasis is on the role of lawyers in dispute resolution processes; advising clients on, and preparing clients for, suitable dispute resolution processes; the institutionalising of dispute resolution processes; the nature of disputes and the theoretical, ethical and practical issues.

Topics include:

• the concept and philosophy of dispute resolution and the range of processes, including negotiation, mediation, conciliation and arbitration
• the nature of disputes and conflict theory
• negotiation theory, including principled negotiation
• the dynamics of negotiation including bargaining styles, personal characteristics and communication modes
• ethical and legal issues in dispute resolution and the lawyer/client relationship
• mediation theory and practice
• the role of the lawyer in dispute resolution processes and criteria for selecting processes
• collaborative law practice
• the current range of dispute resolution processes and the areas of law within which they have current application, including courts, tribunals and commissions.

Assessment provides opportunities for self-directed learning in the selection of seminar topics as well as the formal research assignment on a topic of each student's choice, in consultation with the lecturer. There are two minor assessment pieces: a self-report on the weekend workshop and a tool to assist in advising on selection of a dispute resolution process.