77760 Family Dispute Resolution
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies) AND 79771 Dispute Resolution) OR (79771 Dispute Resolution AND 78101c Postgraduate Legal Research) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law AND 79771 Dispute Resolution) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
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
Description
Australia is recognised as a world leader in the field of family dispute resolution. Over the past 25 years Australia has led the way in developing responsive, innovative ways to support families through the difficulties of separation, family break down and divorce. Recognising the limitations of the judicial system in this regard, reforms to Australia's Family Law system have focused on developing less adversarial methods and structures for the resolution of family disputes, including embedding conciliation counselling into the court system, family relationship centres, and compulsory mediation as a prerequisite for accessing the courts, and ongoing exploration of issues such as child-inclusive practice, the effect of family violence on mediation and the continued expansion of non-court based solutions for separated families.
This subject covers the theory and practice of non-adversarial techniques for resolving family disputes. The impact of new legislation and developments in dispute resolution practice, including collaborative law practice and compulsory community-based services, are considered in the context of the 'new family law' framework. This framework emerges from recent Family Law Act 1975 (Cwlth) amendments and the Family Court of Australia's less adversarial approach to trials in relation to disputes over children. It addresses financial aspects of family disputes, children's issues, domestic violence, and power dynamics in family disputes.
It is taught over a four-day intensive block which is designed to provide a participatory and engaging approach to learning and applying family dispute resolution theory and practice. Students are introduced to the legal, psychological and social aspects of family disputes in formal lectures, experiential learning, and independent research. Through case studies, role-plays, and exercises, students engage with and practice different approaches and skills used in family dispute resolution processes. Additionally, this subject challenges students to critically engage with and analyse the ethical issues in conducting family dispute resolution processes. Finally, students may choose their area of research for a final written paper and seminar presentation.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Recognise, reflect, and respond to ethical issues and power dynamics arising in the family law context and analyse issues of ethical and professional responsibility in the integration of a range of approaches to address accessibility and effectiveness of the new family law system; |
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| 2. | Critically analyse, distinguish, and differentiate the range of family dispute resolution approaches in community and court environments and analyse and evaluate these in the context of the new family law framework; |
| 3. | Differentiate the role of mediators and family consultants from adversarial lawyering in the Family Court of Australia???s approach to trials; |
| 4. | Effectively inform, analyse, report and persuade on issues of family dispute resolution in written and oral communication. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment. (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively about non-adversarial dispute resolution processes, including the ability to identify and articulate complex issues, apply reasoning and research to generate appropriate responses to problems and engage in critical analysis (3.0) - Communication and Collaboration
Effective and appropriate academic and professional communication skills including:
Highly effective use of the English language, to convey and comprehend, legal concepts and views, in relevant and appropriate modes and to different audiences;
An ability to communicate to inform, analyse, report, evaluate, argue and persuade; and
An ability to express and structure a sustained and logical argument (5.0)
Teaching and learning strategies
Strategy 1
Independent and self-directed Learning
Student learning will be most effective when students are actively engaged in the learning process. Therefore, all students undertaking this subject are strongly encouraged to prepare before class and actively participate in classes. The value of interactive learning and teaching lies in its encouragement of higher order thinking skills such as critical analysis and evaluation. These are part of the subject objectives identified above. Class-time provides opportunities for students to practice the skills and theories presented in previous classes and to build upon the subject materials provided in class and on UTSOnline. There are materials such as case scenarios, legislation, commentary and audio visual material that students are expected to familiarise themselves with prior to the three day intensive. These resources will also enable students to clarify concepts and terminology before the seminar day. Completing the preparation activities enables students to participate effectively in the activities detailed below.
Strategy 2
Engaging in Lectures and Seminars
Intensive block days involve a combination of lectures and interactive workshop sessions. In the lectures, students develop a thorough understanding of family dispute resolution concepts and methods. This prepares them to experiment with practical implementation of the theory in real-world scenarios through the roleplay exercises. The lectures provide students with an in-depth understanding of family dispute resolution processes, as well as ethical issues that can arise in relation to family dispute resolution and consideration of factors such as cultural influences, children’s issues, confidentiality, power dynamics and family violence. Students are encouraged to ask questions, clarify theoretical issues, explore new ideas and practise critiquing theories and literature during participatory lectures, class discussion and debriefing sessions. They also meet with a wide range of experienced practitioners who are leaders in the field, and have opportunities to engage in dialogue around contemporary professional family dispute resolution issues. Students are also challenged to reflect on their own learned professional behaviours in the light of their new understanding of family dispute resolution.
Strategy 3
Role-plays, Exercises and Debriefs
Throughout the intensive block, students experience the practical aspects of family dispute resolution in simulated role-plays and in-depth case studies. Students build on the theoretical knowledge acquired through the subject materials, lectures and discussions to develop effective and appropriate family dispute resolution skills. Splitting into groups at various stages throughout the intensive block, students are given opportunities to actively practice elements of the family dispute resolution process involving non-adversarial techniques, psychological considerations, ethical dilemmas and the effects of conflict and stress on both participants and practitioners. This allows students to gain a hands-on appreciation for the emotions and difficulties that can arise in family dispute resolution while in a supportive, non-threatening environment. At the end of each day, students share and explore their experiences, gaining insight into the perspectives of those performing other roles in the process. This encourages greater awareness of the factors that can impact family dispute resolution, provides them with feedback on their personal communication style and heightens their awareness of the issues that can prevent participants reaching an agreement. Students are also encouraged to engage in reflective self-evaluation of their performance, enhancing their understanding of group dynamics between mediators and clients in a family dispute resolution environment.
Strategy 4
Oral Presentations
Students present their research findings to their peers during the seminar day (following the intensive 3 day block). Feedback from oral presentations is instructive for the final research essay. This task provides an opportunity to develop oral advocacy skills and demonstrate an advanced and integrated knowledge of and critical engagement with family dispute resolution theories and/or practices. Students receive feedback from their peers and teachers on their knowledge of a subject area, their skills in analysing and evaluating complex problems and their ability to communicate their thoughts and relevant information in a clear, coherent and confident manner.
Strategy 5
Feedback
Individual and group feedback is provided to students during and after completion of each role-play throughout the intensive block. They receive on the spot instruction and support from teaching staff as well as having many opportunities to discuss their experiences with their peers and engage in individual self-evaluation. Students incrementally develop and increase their family dispute resolution skills through engaging with practicing professionals, trying out new techniques in simulations, receiving feedback, and adjusting their approaches and understanding over the subject of the intensive block. The formal debrief which concludes each simulation also ensures that students integrate practice with theory and reflect on their improvement as the subject progresses. Written feedback is provided for the assessment tasks.
Subject Delivery
The subject is presented in block mode over 4 days: a three-day intensive block plus one seminar day.
The intensive block will take place on Thursday 24 August, Friday 25 August and Saturday 26 August and the seminar day on Friday 20 October.
Eighty percent attendance (80%) of this programme is a requirement for successful completion of this subject. Attendance for all student presentations is a pre-requisite for assessment in this subject.
Content (topics)
- 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 task 1: Attendance and Participation
| Intent: | This assessment task is intended to assess students’ active contributions to seminar and class discussions and activities. |
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| 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: 2.0, 3.0 and 5.0 |
| Weight: | 10% |
| Length: | 1,000 word equivalent |
| Criteria: |
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Assessment task 2: Seminar Presentation
| Intent: | This task provides an opportunity to develop oral advocacy skills. It assesses students’ ability to effectively and professionally communicate relevant, timely and critical research and analyses of a topic in family dispute resolution. It also provides students with feedback on performance in the subject in relation to skills in analysing and evaluating complex problems and effectively communicating solutions. |
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| 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: 2.0, 3.0 and 5.0 |
| Weight: | 25% |
| Length: | 15 minutes; 2,000 word equivalent |
| Criteria: |
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Assessment task 3: Research Paper
| Intent: | This task is intended to assess students’ ability to critically analyse the new family law framework and legislation and to review, distinguish, and incorporate relevant primary and secondary sources in building a persuasive argument in writing in relation to these issues. Students are expected to reflect on and clearly communicate their understanding of ethical issues and professional responsibility in the context of family dispute resolution. |
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| 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: 2.0, 3.0 and 5.0 |
| Weight: | 65% |
| Length: | 3,500 words |
| Criteria: |
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Required texts
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
Stephanie Charlesworth, J Neville Turner, and Lynne Foreman, Disrupted Families: The Law (Federation Press, 2000)
Belinda Fehlberg, Rae Kaspiew, Jenni Millbank, Fiona Kelly, and Juliet Behrens, Australian Family Law: The Contemporary Context (Oxford University Press, 2nd ed, 2014)
Linda Fisher and Mieke Brandon, Mediating with Families (Thomson Reuters, 3rd ed, 2012)
Alexandra Harland, Donna Cooper, Zoe Rathus, and Renata Alexander, Family Law Principles (Thomson Reuters, 2nd ed, 2015)
John M Haynes and Stephanie Charlesworth, The Fundamentals of Family Mediation (Federation Press, 1996)
Michael King, Arie Freiberg, Becky Batagol, and Ross Hyams, Non-Adversarial Justice (Federal Press, 2nd ed, 2014)
Ysaiah Ross, Ethics in Law: Lawyers’ Responsibility and Accountability in Australia (LexisNexis, 6th ed, 2013)
Pauline H Tesler and Peggy Thompson, Collaborative Divorce: The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues, and Move on with Your Life (Harper Collins, 2007)
Richard W Shields, Judith P Ryan, and Victoria L Smith, Collaborative Law: Another Way to Resolve Family Law Disputes (Thomson Carswell, 2003)
Other resources
Australian House of Representatives Standing Committee on Family and Community Affairs, Parliament of Australia, Every Picture Tells a Story: Report on the inquiry into child custody arrangements in the event of family separation (2003)
Dale Bagshaw, Karolyne Quinn, and Birte Schmidt, ‘Children and Families in Transition: Towards a Child-Centred Integrated Model of Practice’ (Report, Hawke Research Institute for Sustainable Societies, University of South Australia, March 2006)
Richard Chisholm, ‘The Meanings of “Meaningful” within the Family Law Act Amendments of 2006: A legal perspective’ (2014) 15 Journal of Family Studies 60.
Donna Cooper and Mieke Brandon, ‘Navigating the Complexities of the Family Law Dispute Resolution System in Parenting Cases’ (2009) 23 Australian Journal of Family Law 30
Family Law Council, ‘Collaborative Practice in Family Law’ (Report to the Attorney-General, Commonwealth of Australia, December 2007)
Margaret Harrison, ‘Finding a Better Way: a bold departure from the traditional common law approach to the conduct of legal proceedings’ (Report, Family Court of Australia, 2007)
Joan B Kelly and Michel E Lamb, ‘Using Child Development Research to Make Appropriate Custody and Access Decisions for Young Children, Family and Conciliation Courts Review’ (2000) 38 Family Court Review 297
Jennifer McIntosh, Caroline Long, and Lawrie Moloney, ‘Child-Focused and Child-Inclusive Mediation: A Comparative Study of Outcomes’ (2004) 10 Journal of Family Studies 87
Lawrie Moloney and Jennifer McIntosh, ‘Child-Responsive Practices in Australian Family Law: Past problems and future directions’ (2004) 10 Journal of Family Studies 71
Helen Rhoades, Hilary Astor, and Ann Sanson, ‘A Study of Inter-Professional Relationships in a Changing Family Law System’ (2009) 23 Australian Journal of Family Law 10
Journals:
Australian Family Lawyer
Australian Journal of Family Law
Family Court Review
Family Law
Family Law Quarterly
