77760 Family 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: Law
Credit points: 6 cp

Subject level:

Postgraduate

Result type: Grade and marks

Requisite(s): 60 credit points of completed study in C04148 Master of Law and Legal Practice AND 79771c Dispute Resolution (PG)
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): 78139 Family Dispute Resolution

Handbook description

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.

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.

To provide an overview of the range of family dispute resolution approaches in community and court environments and to examine these in the context of the new family law framework and recent Family Law Act amendments. (GA 1,3,7)
To examine the Family Court of Australia’s less adversarial approach to trials in relation to disputes over children and the role that mediators/ family consultants play in these trials.(GA 1,3,7,10)
To provide an understanding of how the new family law system will have to integrate with a range of approaches to be accessible and effective.(GA 1,7,10)
To provide an appreciation and critical evaluation of the different process and skills this new framework requires. (GA 1,3)

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 and guest speakers to present theoretical and legislative developments.
Strategy 2 Simulations, role-plays and exercises to explore and develop expertise in the practical aspects of the non-adversarial techniques, processes and skills for resolving family disputes.
Strategy 3 Student seminar presentations to encourage students to research and present to the class an area of special interest.
Strategy 4 Independent research for preparation of a written research paper

Subject Delivery
This subject is taught in an intensive format suited to postgraduate students followed by a full-day of student seminar presentations.

Lecture Format
There are three days of interactive seminar based presentations, simulations, exercises and discussions. Eighty percent attendance of this program is a requirement for successful completion of this subject.

Tutorial Format and Expectation of Student Participation
Student presentations

Attendance for all presentations is a pre-requisite for assessment in this subject

Content

The nature of family disputes
The legal system and the new family law framework for the resolution of family disputes: Changes and challenges for dispute resolution practitioners
The less adversarial approach to trials in the Family Court of Australia: new directions for the Family Court
Dispute resolution in relation to financial aspects of family disputes
Children’s issues in family disputes
The psychological aspects of family disputes
The effects of domestic violence in family disputes
The dynamic of power in the resolution of family disputes
The ethical issues in conducting family dispute resolution
Collaborative Family Law practice
Compulsory community based dispute resolution services and the Family Relationship Centres
The role of the Family Dispute Resolution Practitioner
The role of the Family Consultant

Assessment

Assessment Item 1: Presentation of research paper in class seminar.

Objective(s):	Objectives 1,2,3,4 Graduate Attributes 1,3
Weighting:	30%
Length:	2,000 word equivalent

Assessment Item 2: Research paper

Objective(s):	Objectives 1,2,3,4 Graduate Attributes 1,3,7,10
Weighting:	70%

Required texts

The Reading Materials for this subject CN 4573 is available for purchase from the Student Shop in Haymarket. (Price $28.00)

There is no prescribed text for this subject, however, all students are encouraged to read as widely as possible in the wide range of textbooks and journals relevant to this subject.

Recommended texts

Fisher, L and Brandon, M Mediating with Families: Making the Difference, Prentice Hall 2002
Spencer, D, Principles of Dispute Resolution Thomson Reuters 2011
Charlesworth, S, Turner, JN, Foreman, L Disrupted Families: The Law, Federation Press 2000
King, M, Freiberg, A, Batagol, B & Hyams, R Non-Adversarial Justice The Federation Press 2009
Spencer, D & Altobelli, T Dispute Resolution in Australia: Cases, Commentary and Materials Lawbook Co 2005
Tesler, P H and Thompson, P Collaborative Divorce: The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues, and Move on with Your Life, Harper Collins 2007
Shields, RW, Ryan, JP & Smith VL Collaborative Law: Another Way to Resolve Family Law Disputes, Thomson Carswell 2003

References

Australian House of Representatives Inquiry Every Picture Tells a Story: Report on the inquiry into child custody arrangements in the event of family separation, Commonwealth of Australia, Lawprint Publications Canberra 2003
Bagshaw, D, Quinn, K and Schmidt, B Children and Families in Transition, Towards a Child-Centred Integrated Model of Practice, University of SA, March 2006
Chisholm, R “The meanings of ‘meaningful’ within the Family Law Act Amendments of 2006: A legal perspective” Journal of Family Studies
Cooper, D and Brandon, M “Navigating the complexities of the family law dispute resolution system in parenting cases” Australian Journal of Family Law vol 23 no 1 April 2009 pp 30 - 47
Family Law Council Collaborative Practice in Family Law: A Report to the Attorney-General, December 2006 Commonwealth of Australia 2007
Family Court of Australia “Finding a Better way: a bold departure from the traditional common law approach to the conduct of legal proceedings”
Haynes, HM and Charlesworth, S The Fundamentals of Family Mediation, The Federation Press 1996
Kelly, Joan B and Lamb, M Using Child Development Research to Make Appropriate Custody and Access Decisions for Young Children, Family and Conciliation Courts Review, Vol 38, No 3 July 2000
McIntosh, J, Long C, and Moloney, L Child-Focused and Child-Inclusive Mediation: A Comparative Study of Outcomes, Journal of Family Studies, Vol 10 No 1 April 2004
Moloney, L and McIntosh J “Child-Responsive Practice in Australian Family Law: Past problems and future directions” Journal of Family Studies
Rhoades, Helen, Astor, Hilary and Sanson, Ann “A study of inter-professional relationships in a changing family law system” Australian Journal of Family Law vol 23 no 1 April 2009 pp10-29

Other resources

Journals:

Australian family lawyer
Australian journal of family law
Family Court Review
Family law
Family law quarterly
Journal of Family Studies
Journal of social welfare and family law

Websites:

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