78172 Dispute Resolution in Civil Practice
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2017 is available in the Archives.
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): 78173 Dispute Resolution in Civil Practice
Description
This subject explores court connected processes which incorporate dispute resolution processes into the court system. It draws on programs in courts in Australia and overseas. It addresses the impact of dispute resolution on the formal adversarial system, and examines the interface of the informal and formal systems, and the effect of the formal systems on the less formal dispute resolution processes.
Subject learning objectives (SLOs)
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) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions. (4.0) - 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)
Assessment
Assessment task 1: Seminar presentation
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Length: | 2,000 word equivalence |
| Criteria: | There is a seminar presentation day on Friday 22 May: commences at 9.30 and goes until all presentations have been made. |
Assessment task 2: Research paper
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 80% |
| Length: | 3,500 words |
| Criteria: | On 25 May students submit a written research paper (80%) Topics for the research paper may be selected in consultation with the lecturer or chosen from the following list of suggested topics:
|
Minimum requirements
Students are expected to engage in the discussions and exercises as well as participating in group presentations and debriefing sessions.
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 class exercise and discussion format is cumulative
Required texts
Reading materials will be posted on UTSonline
Recommended texts
Hardy, S & Rundle, O Mediation for Lawyers CCH Australia Ltd 2010
Hemming, Andrew, Penovic, Tania Civil Procedure in Australia Lexis Nexis 2015
Sourdin, T Alternative Dispute Resolution 4th Edition Lawbook Co 2012 Chapter 8
Spencer, D & Hardy, S Dispute Resolution in Australia. Cases, Commenary and Materials 2nd Edition Lawbook Co 2009 Chapters 4, 8, 9 and 13
References
Abramson, H I Mediation Representation: Advocating in a Problem-Solving Process 2004 The National Instiute for Trial Advocacy
Sourdin, T & Zariski, A The Multi-tasking Judge: Comparative Judicial Dispute Resolution Lawbook Co 2013
Other resources
‘A Strategic Framework for Access to Justice in the Federal Justice System’ September 2009 Report by the Access to Justice Taskforce Attorney-General’s Department. www.ag.gov.au
'The Resolve to Resolve - embracing ADR to Improve Access to Justice in the Federal Jusrisdiction.' report to the Attorney-General September 2009. Available NADRAC www.nadrac.gov.au
Civil Dispute Resolution Bill 2010 www.austlii.com.au
Civil Dispute Resolution Bill Explanatory Memoranda www.austlii.com.au
Journals:
Civil Justice Quarterly
Marquette Law Review
Australasian Dispute Resolution Journal,
Bond Law Review
Useful websites:
