78136 Dispute Resolution
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Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 79771 Dispute Resolution
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 learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate an understanding of the philosophies, theories, practice and principles of law relevant to this subject; |
|---|---|
| 2. | engage in analysis and critique from a range of perspectives, including legal, philosophical, social science and psychology; |
| 3. | think and act creatively and ethically and understand communication skills, issues of culture and power and personal styles whilst participating in dispute resolution processes; |
| 4. | assess process selection and to participate effectively in a range of processes; |
| 5. | demonstrate skills in researching, writing and presenting. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Disciplinary Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including:
A range of non-adversarial dispute resolution processes including commercial, family, community and court annexed processes; and
The broader contexts within non-adversarial dispute resolution processes operate and arise including consensual processes, decisional theory, regulatory, cultural, social justice, and ethical contexts. (1.0) - 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 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 (topics)
- 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 task 1: Seminar presentation
| 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: | 20% |
| Length: | This task has no word limit, as such, but is deemed to be equivalent to 2,000 words of written assessment. |
Assessment task 2: Quiz
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Length: | 2,500 words |
Assessment task 3: Research paper
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 60% |
| Length: | 5,000 word limit |
Required texts
- David Spencer, Principles of Dispute Resolution (Thomson Reuters, 2nd ed, 2016)
Recommended texts
- Michael King, Arie Freiberg, Becky Batagol and Ross Hyams, Non-Adversarial Justice (The Federation Press,2nd ed, 2014)
- Greg Tillett and Brendan French, Resolving Conflict: A Practical Approach (Oxford University Press, 4th ed, 2010)
- Tania Sourdin, Alternative Dispute Resolution, (Lawbook Co, 5th ed, 2016)
- David Spencer and Samantha Hardy Dispute Resolution in Australia: Cases, Commentary and Materials, 2nd ed (Thomson Reuters, 2014)
Other resources
- R Bolton, People Skills, (Simon & Schuster, 1987)
- CW Moore, The Mediation Process: Practical Strategies for Resolving Conflict (Jossey-Bass, 3rd ed, 2003)
- Nadja Alexander, Jill Howieson and Kenneth Fox, Negotiation: Strategy Style Skills (Lexis Nexis, 3rd ed, 2015)
- Roger Fisher, William Ury, and Bruce Patton, Getting to Yes: Negotiating an Agreement without giving in (Random Century, 2nd ed,1999)
- Australasian Dispute Resolution Journal
- Bond Law Review
- Negotiation Journal
- Ohio State Journal on Dispute Resolution
- Harvard Law Review
- Osgoode Hall Law Review
Websites
