78247 Collaborative Law
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): (79771c Dispute Resolution AND (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)) OR (79771c 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 79771c 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.
Description
Collaborative law provides a clear indication that the dispute resolution field has now entered a second generation of processes which require appropriate education for law students, social scientists and financial professionals to competently participate in an evolving form of advocacy. Both Australian and international developments are examined to compare the evolution of various models and processes, as well as observing the complexities that arise when teams of professionals are brought together to provide an holistic service for clients.
This wide-ranging examination and contextualisation of the emerging practice of collaborative law and the associated interdisciplinary and multi-disciplinary process models is brought into sharp focus in relation to the Australian family law system. By investigating the successes and difficulties faced in implementing collaborative law processes for Australian family law matters, students gain an appreciation of the need for a trans-disciplinary development of the lawyer's role to enable participation in these processes and the refocusing of legal practice from lawyer-focused to client-centred.
Through multiple role-play exercises, case studies and hands on skill-building, students experience the collaborative law process framework first hand and gain a clear understanding of the requisite roles, functions and skills for all participants. They also have ample opportunity to explore and discuss theoretical and ethical issues in relation to building best-practice models for an evolving interdisciplinary process. Students are provided with continuous feedback from their peers, teaching staff and professionals in the field throughout the lectures, discussions, role plays, simulations and debriefs.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Recognise, reflect upon and respond to the ethical issues likely to arise in the multidisciplinary professional context of the Collaborative Practice process in ways that evidence professional judgment, promote justice and serve the community. |
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| 2. | Identify, compare and assess complex ethical issues that arise in Collaborative Practice and generate appropriate responses to professional problems; |
| 3. | Identify, research, evaluate and synthesise relevant factual, ethical, legal and policy issues in Collaborative Law; |
| 4. | Analyse and critique cases and issues from a range of perspectives, including ethical, strategic, creative and legal, when considering Collaborative Practice; |
| 5. | Effectively and persuasively communicate argument and theory both orally and in writing. |
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) - 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)
Teaching and learning strategies
Strategy 1
Independent and self-directed Learning
Preparation activities are outlined on UTSOnline and include resources such as videos, websites and self-directed learning exercises. Engaging with these materials and completing review questions enables students to clarify concepts and terminology and to familiarise themselves with necessary content and skills prior to attending the intensive block. Students continue preparing independently for each day of the intensive by reflecting overnight upon the day’s learning. Days 2 and 3 of the intensive block begin with a review where students share their questions and observations from the previous day. During the intensive, students proactively manage their time when participating in group exercises and role-play opportunities. There is ongoing encouragement for students to learn from each other and responsibly practise new skills by experimenting with ideas in the role-plays, as well as reflect on their experiences through class discussion and group reporting. The requirement for self-directed learning and time-management mirrors the requirements of professional practice. Self-management strategies and independent learning are crucial to continuing development as legal professionals and dispute resolution practitioners.
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 collaborative law concepts and methods. This prepares them to experiment with practical implementation of the theory in real-world scenarios through the role-play exercises. The lectures provide students with an in-depth understanding of collaborative law processes, as well as ethical issues that can arise in relation to interdisciplinary practice and consideration of factors such as professional background and differing terminology in relation to collaborative practice. 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. Students are also challenged to reflect on their own learned professional behaviours in the light of their new understanding of collaborative issues.
Strategy 3
Role-plays, Exercises, Debriefs and Feedback
Throughout the intensive block, students experience the practical aspects of collaborative law 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 collaborative skills. Splitting into groups at various stages during the intensive block, students are given opportunities to actively practise elements of the collaborative process involving both interaction with the client and interaction with other professionals. This allows students to gain a hands-on appreciation of the techniques, emotions and difficulties that can arise in a collaborative process in a supportive, non-threatening environment. At the end of each exercise, 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 collaborative law, provides them with feedback on their personal collaborative style and heightens their awareness of the issues that can interfere with successful collaboration. Students are also encouraged to engage in reflective self-evaluation of their performance, enhancing their understanding of group dynamics between professionals in a collaborative environment.
Strategy 4
Case Scenarios
Case studies help students explore theoretical topics in a practical and experiential manner, gaining familiarity with each stage of the collaborative process in the context of realistic factual circumstances. By engaging in the group case study on Day 2 of the intensive block, students learn collaborative law concepts, interpret factual information, practise advocacy in a non-adversarial environment and develop creative solutions to issues that arise. Critical thinking is developed through ‘on-the-spot’ and reflective analysis, interpretation and discussion of issues or situations arising from the case study. Students have ongoing opportunities to ask questions about any aspect of the case scenarios and receive ongoing feedback and guidance from teaching staff in relation to their progress and skill development. These opportunities help prepare students for the final assessment in developing and presenting their own case study as a showcase of their learning that also provides practical experience of essential professional skills.
Subject Delivery
The subject is presented in block mode over 4 days (3 consecutive days plus 1 seminar day).
Eighty-percent (80%) attendance of total subject hours is required to successfully complete this subject.
Content (topics)
- The practice of Collaborative Law, its history and development both in Australia and overseas.
- Understanding the process framework.
- Communication and negotiation theories and practice as they apply to Collaborative Practice.
- The Participation Agreement and the Withdrawal provision.
- Understanding client-centred practice.
- The trans-disciplinary nature of the lawyer’s role in this process and the challenges of interdisciplinary team development and practice.
- The roles of the allied professionals and their participation in the interdisciplinary and multi-disciplinary models.
- The range of models and adaptations and their application in the Australian Family Law system.
- Practice guidelines and professional boundaries.
- The role of the Practice Group in developing teams and levels of competency.
- Current research studies.
Assessment
Assessment task 1: Case Study Analysis
| Intent: | Students are assessed on their ability to orally present and demonstrate preparation for a hypothetical Collaborative Law matter including client intake assessment, conflict analysis and problem identification, and initial process scoping. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0 and 5.0 |
| Weight: | 35% |
| Length: | 1,500 words |
| Criteria: |
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Assessment task 2: Ethics Analysis
| Intent: | Students are assessed on their ability to identify and discuss ethical issues arising or likely to arise for professionals in a collaborative law case study and to hypothesise about the effect of these issues on the participants and on the process. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0, 4.0 and 5.0 |
| Weight: | 25% |
| Length: | 1,000 words |
| Criteria: |
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Assessment task 3: Research Essay
| Intent: | Students are assessed on their ability to research and comprehend Collaborative Law theory and practice with full use of authority to support concepts discussed. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0, 4.0 and 5.0 |
| Weight: | 40% |
| Length: | 3,500 words |
| Criteria: |
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Required texts
Collaborative Law Reading Materials will be posted on UTSOnline.
Recommended texts
Pauline Tesler, Collaborative Law: Achieving Effective Resolution in Divorce without Litigation (Section of Family Law, American Bar Association, 2001)
Pauline 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 Family Law: Another way to Resolve Family Disputes (Thomson Carswell, 2003)
Nancy J Cameron, Collaborative Practice: Deepening the Dialogue (The Continuing Legal Education Society of British Columbia, 2004)
Bernard Mayer, The Dynamics of Conflict: A Guide to Engagement and Intervention (Jossey-Bass, 2nd ed, 2012)
Cinnie Noble, Conflict Management Coaching: The Cinergy™ Model (Cinergy™ Coaching, 2012)
Other resources
International Academy of Collaborative Professionals (IACP) https://www.collaborativepractice.com/
Collaborative Professionals (NSW), http://www.collabprofessionalsnsw.org.au/
