78136 Dispute Resolution
Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
UTS: LawCredit points: 8 cp
Subject level:
Postgraduate
Result type: Grade and marksRequisite(s): 78100c Postgraduate Legal Research
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 79771 Dispute Resolution
Handbook description
This subject is an introduction to the philosophy, theory and practice of dispute resolution, an area of increasing importance in all professions, business, and government. The new legal advocacy is based on the principles and processes studied in this subject. The subject content reflects the changes in the many state and federal jurisdictions necessary to integrate a range of voluntary and compulsory dispute resolution processes with adversarial proceedings. The subject also covers the development and application of an ever-widening range of private and public situations dispute resolution processes required under legislation or government and professional requirements. This emerging practice of professional dispute resolution is examined both within and outside the legal profession. Overall, the subject encourages students to think critically and reflexively about this emerging area of practice, the legal, professional and policy issues, and to learn the core practical skills.
Subject objectives/outcomes
This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.
- Demonstrate an understanding of the philosophies, theories, practice and principles of law relevant to this subject (GA 5)
- Engage in analysis and critique from a range of perspectives, including legal, philosophical, social science and psychology. (GA 2)
- Think and act creatively and ethically and understand communication skills, issues of culture and power and personal styles whilst participating in dispute resolution processes. (GA 6)
- Develop skills to assess process selection and to participate effectively in a range of processes. (GA 5)
- Develop skills in researching, writing and presenting. (GA 3)
Contribution to course aims and graduate attributes
The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.
INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.
PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.
PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.
Teaching and learning strategies
Strategy 1 Lectures: Information delivery and class discussion during the three-day intensive program
Strategy 2 Simulated role plays and debriefing: Participation in class exercises and role plays.
Strategy 3 Student directed reading and research in selected areas.
Strategy 4 Class presentations to fellow students of their research topics on the seminar day.
Expectation of Student Participation:
Students are expected to engage in the role play simulations and exercises as well as participating in group presentations and debriefing sessions.
Attendance:
Attendance for at least eighty percent of the allocated program is required for satisfactory completion of the course work as this subject is based on an experiential approach to teaching and learning and the exercise / role play format is cumulative.
Content
- Issues in Dispute Resolution
- Overview of Dispute Resolution
- Resolving Disputes
- Conflict Theory
- Dispute Analysis
- Theory and Practice
- Negotiation as core process
- Facilitative processes
- Mediation
- Advisory and Determinative processes
- Legal issues and case law
- Ethics and Professional codes
- New advocacy
Assessment
Assessment Item 1: Seminar presentation
| Objective(s): | Objectives 1,2,5 |
| Weighting: | 20% |
| Length: | This task has no word limit, as such, but is deemed to be equivalent to 2,000 words of written assessment. |
Assessment Item 2: Quiz
| Objective(s): | Objectives 1,2,5 |
| Weighting: | 20% |
Assessment Item 3: Research paper
| Objective(s): | Objectives 1,2,5 |
| Weighting: | 60% |
| Length: | 5,000 word limit |
Required texts
Spencer, D Principles of Dispute Resolution Lawbook Co 2011
Recommended texts
- Spencer, D & Hardy, S, Dispute Resolution in Australia: Cases, Commentary and Materials, 2nd Edition Thomson Reuters 2009
- King, M, Freiberg, A, Batagol, B & Hyams, R, Non-Adversarial Justice The Federation Press 2009
- Tillett, G & French,B, Resolving Conflict: A Practical Approach 4th Edition OUP 2010
- Fisher, R, Ury, W & Patton, B, Getting to Yes: Negotiating an Agreement without giving in, Second Edition, Random Century Limited 1999
- Sourdin, T, Alternative Dispute Resolution, Fourth Edition, Lawbook Co, Sydney 2012
Other resources
- Bolton, R People Skills, Simon & Schuster, Brookvale NSW 1987
- Moore, CW The Mediation Process: Practical Strategies for Resolving Conflict, Third Edition Jossey-Bass San Francisco 2003
- Spegel, N, Rogers, B & Buckley, RP Negotiation: Theory & Techniques, Skills Series, Butterworths 1998
- Australasian Dispute Resolution Journal
- The ADR Bulletin
- Bond Law Review
- Negotiation Journal
- Ohio State Journal on Dispute Resolution
- Mediation Quarterly
- Harvard Law Review
- Osgoode Hall Law Review
Websites
