78139 Family Dispute Resolution
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Credit points: 8 cp
Result type: Grade and marks
Requisite(s): (78100c Postgraduate Legal Research AND 78136 Dispute Resolution) OR (78136 Dispute Resolution AND (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): 77760 Family Dispute Resolution
Description
This subject is an introduction to the theory and practice of the emerging family law framework that is supported by new legislation and developing practice in family dispute resolution. This subject studies the evolving alternatives to adjudication of family law matters and the demand for new dispute resolution systems and processes to avoid an adversarial approach to family disputes. The influence of the social sciences in this field and the growing body of research that examines the negative impact of protracted litigation on families, and in particular, children, is examined. As well as the legislative and theoretical aspects of family dispute resolution, this subject comprehensively explores the combination of voluntary and compulsory dispute resolution processes, supported by government policy and legislation, in this new family law framework. The quality and complementary aspects voluntary and compulsory approaches are also examined in terms of the accessibility and effectiveness of the new family law framework. This subject also examines the emerging practice of collaborative law and the impact this will have on modern legal advocacy and professional practice.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand 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; |
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| 2. | 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; |
| 3. | understand how the new family law system will have to integrate with a range of approaches to be accessible and effective; |
| 4. | demonstrate an appreciation and critical evaluation of the different process and skills this new framework requires. |
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 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 (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: Presentation of research paper in class seminar.
| 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 |
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| Weight: | 30% |
| Length: | 3,000 word equivalent |
Assessment task 2: Research paper
| 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: | 70% |
| Length: | 5,000 word limit |
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
- Fisher, L and Brandon, M Mediating with Families Third Edition Thomson Reuters 2012
- Charlesworth, S, Turner, JN, Foreman, L Disrupted Families: The Law, Federation Press 2000
- Fehlberg, B, Kaspiew, R, Millbank, J, Kelly, F and Behrens, J Australian Family Law: The Contemporary Context 2nd Edition Oxford Press
- Harland A, Cooper D, Rathus Z, Alexander R, Family Law Principles Thomson Reuters 2009
- King, M, Freiberg, A, Batagol, B & Hyams, R Non-Adversarial Justice The Federation Press 2009
- Ross, Y Ethics in Law. Lawyers Reponsibility and Accountability 6th Edition LexisNexis
- 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, 12 Feb 2010 © University of Technology Sydney Page 5 of 9 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:
