76052 Dispute Resolution Advocacy

Warning: The information on this page is indicative. The subject outline for a particular session, 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.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((70104 Civil Practice OR 70517 Equity and Trusts)) OR (70102c Foundations of Law AND 70103c Ethics Law and Justice)
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.

Description

This 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. 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. Students develop their capacity to think critically, strategically, and creatively about the nature, role, and range of dispute resolution processes. A two-day intensive weekend workshop enables students to practice and develop their negotiation and mediation skills and understandings through simulated role-plays and exercises. This subject develops students’ oral and written communication skills through the use of participatory, student-led seminars and reflective practice. Students develop and refine their skills in researching, identifying, assessing, and critically analysing disputes and resolution processes.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1.	Explain and evaluate the nature and purpose of different dispute resolution processes covered in the course and the range of options in each process.
2.	Critically analyse and distinguish dispute resolution processes and systems that are being incorporated into legal practice and the court systems and differentiate the role of the lawyer in adversarial and non-adversarial processes.
3.	Develop and implement a tool to assist legal professionals to select the appropriate dispute resolution process for a client??? s problem.
4.	Construct clear, succinct, reasoned, integrated and insightful analysis and arguments that are supported by research and scholarship

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)

Teaching and learning strategies

Strategy 1: Student Preparation and independent learning

Students prepare for lectures, seminars and workshops and reflect upon what they have learnt afterwards. Class-time provides opportunities for students to practise the skills and theories presented in previous classes and the course material. Course material is available on UTSOnline and students are expected to familiarise themselves with the content and skills covered in the materials prior to lectures, seminars, and workshops. Other online resources enable students to clarify concepts and terminology.

Strategy 2: Engaging in Lectures and Seminars

Because of the interactive nature of this subject, students benefit most from the real time delivery of content. Lectures and seminars enable students to clarify, discuss and develop subject concepts. Additionally, students practise the skills and theories presented in previous discussions and preparation. Students will meet with practitioners and will have opportunities for dialogue on contemporary professional and advocacy issues based on their online preparation. Immediate feedback is provided by peers and experts throughout lectures and seminars.

Strategy 3: Oral Presentations

Seminars involve students presenting on designated topics. Students receive feedback from peers and teachers not only on their knowledge of a subject area but also their ability to advocate client interests and communicate their thoughts and relevant information in a clear, coherent and confident manner.

Strategy 4: Case scenarios

Case studies are used to help students explore topic related scenarios. Students use these scenarios to learn concepts, interpret information, practise advocacy and develop creative solutions. Critical thinking is developed through analysis, interpretation of and reflection on issues or situations. Students have ongoing opportunities to ask questions about any aspect of the case scenarios and receive ongoing feedback and guidance as to their progress and skill development.

Strategy 5: Role-plays and Advocacy

The workshop is a weekend intensive providing an opportunity for students to experience the practical aspects of dispute resolution in simulated role-plays and other dispute resolution exercises. Students build on the legal knowledge acquired through the course materials and lectures and seminars and develop communication skills. Feedback is provided as role-plays are completed. At the close of the workshop, students compose a personal report reflecting on the skills gained. Self-reflection provides a feedback mechanism for formal assessment as well as the skills for sustainable practice and development as a practitioner.

Subject Delivery

This course is delivered through lectures, seminars, and a weekend workshop. The compulsory weekend workshop takes place over a Saturday (9.30-5.00) and Sunday (9.30-3.00).

Expectation of Student Participation: Full attendance at the two day weekend workshop is compulsory. Eighty-percent (80%) attendance of total subject hours is required to successfully complete this subject.

Content (topics)

Overview of dispute resolution practice and theory.
The range of dispute resolution processes, additional to litigation, and the areas of law within which they have current application.
Distributive and integrative bargaining.
The seven elements of Principled Negotiation.
Bargaining styles in negotiation.
Personality traits and characteristics and their effect on communication and how people negotiate.
Conflict theories.
Communication skills, including listening skills, responding skills, questioning, body language, blockers and reframing.
Issues of gender, culture and power in dispute resolution.
Ethical issues in dispute resolution and the lawyer / client relationship in the context of ADR.
Mediation theory and models.
Dispute Resolution case law and legislation.
The role of the lawyer in dispute resolution processes, especially in Collaborative Law.
Dispute resolution practice in a range of jurisdictions including family law, criminal law and commerce.

Assessment

Assessment task 1: Workshop Participation: A personal report

Intent:	This assessment piece is a “hot debrief” of your experience at the workshop, in particular, relating to your learning experience to assist you to become skilled in reviewing your skills and learning development in practise.
Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	10%
Length:	No more than 250 words
Criteria:	Critical self-analysis of participation, issues and materials providing opportunities for independent synthesis of specialised knowledge and skills Critical analysis of and distinction between different dispute resolution processes and systems Clear, concise and sophisticated communication in addressing task questions Evidence of engagement, autonomy, and expert judgment with workshop materials Articulate evaluation of workshop exercises, theories and new understandings at an advanced and integrated level

Assessment task 2: Seminar Presentation

Intent:	This task is meant to provide you with the opportunity to develop your oral advocacy skills and demonstrate your knowledge of and critical engagement with dispute resolution processes.
Objective(s):	This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	20%
Length:	12 minutes (500 word equivalence)
Criteria:	Critically analyse and evaluate nature and purpose of different dispute resolution processes; Sophisticated, specialised and complex understanding of your topic area; Succinct, integrated and insightful analysis and arguments that are clearly supported by sophisticated research and scholarship; Engaging presentation communicated to the class.

Assessment task 3: Research Paper

Intent:	Research skills are an essential part of being an advocate. This task is intended to assess your research skills, your ability to analyse and evaluate issues in relation to dispute resolution advocacy, and your ability to develop a clear and well-reasoned argument in writing in relation to these issues.
Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	50%
Length:	2,500 words
Criteria:	Critical analysis of complex dispute resolution processes and systems; Clear communication of evaluation and insightful specialised knowledge of the purpose of different dispute resolution processes as applied to the topic; Clear and well-reasoned distinction and sophisticated differentiation between the role of lawyers in adversarial and non-adversarial processes; Clear, succinct, integrated, and insightful analysis and arguments that are supported by independent research and scholarship, including relevant legal and dispute resolution research of primary and secondary materials.

Assessment task 4: Advice on DR Processes

Intent:	This task is designed to enable students to demonstrate their understanding of an holistic approach to a client’s problem including, but not limited to: the legal, financial, commercial and personal outcomes the client wants to achieve; relational issues; type and level of conflict; risk tolerance assessment; transactional costs associated with different processes; and the client’s capacity to participate in dispute resolution processes. This task also assesses students’ understanding of the advantages and disadvantages of a range of dispute resolution processes and provides a creative opportunity for students to organise this new area of legal thinking in an accessible reference format.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	20%
Length:	1,250 words.
Criteria:	Critically evaluate the nature and purpose of the selected dispute resolution process; Comprehensive and holistic approach to client problem-solving based on independent research and expert, specialised knowledge; Insightful analysis and arguments for scoping client outcome goals including legal, commercial, financial and personal; Clear, succinct, reasoned, and integrated processes for identifying relational issues, the type and level of conflict, risk tolerance assessment, and client capacity to participate in processes; Sophisticated understanding and critical analysis of advantages and disadvantages of a comprehensive range of dispute resolution processes and transactional costs; A creative and accessible tool for analysis and problem-solving.

Required texts

David Spencer and Samantha Hardy, Dispute Resolution in Australia: Cases, Commentary and Materials (Lawbook Co, 3rd ed, 2014).
Roger Fisher, William Ury and Bruce Patton, Getting to Yes: Negotiating Agreement without Giving in (Random Century Limited, 2nd ed, 1999) or any later edition
Marilyn Scott, Peter Alexander and Phillipa Ryan, Selected Materials on Civil Practice (LexisNexis, 2nd ed, 2016) (see list of selected readings at UTSonline)

Recommended texts

Samantha Hardy and Olivia Rundle, Mediation for Lawyers (CCH Australia, 2010)
Michael King, Arie Freiberg, Becky Batagol, Ross Hyams, Non-Adversarial Justice (The Federation Press, 2nd ed, 2014)
Tania Sourdin Alternative Dispute Resolution (Thomson Reuters, 5th ed, 2016)
Julie Macfarlane The New Lawyer: How Settlement is Transforming the Practice of Law (University of British Columbia, 2008)
Gregory Tillet & Brendan French Resolving Conflict: A Practical Approach (Oxford University Press, 4th ed, 2010)