79771 Dispute Resolution
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2020 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((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 78101c Postgraduate Legal Research OR (70107c Principles of Company Law AND (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 OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law) 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. See access conditions.
Anti-requisite(s): 78136 Dispute Resolution
Description
Dispute resolution deals with an area of increasing importance to all professions, business and government. It explores the totality of methods available to resolve a dispute, from consensual processes such as negotiation and mediation to more adjudicative processes such as arbitration and litigation. This subject also looks at the interaction between these processes, investigating the development of hybrid methods such as collaborative law.
Presented in block mode, students are introduced to the philosophy, theory and practice of dispute resolution through class-based discussion and practical exercises. They examine the emerging field of professional dispute resolution inside and outside of the legal profession and the integration of dispute resolution processes into the adversarial court framework, as well as an ever-widening range of private and public law structures within a more broadly defined justice system.
This subject provides students with an opportunity to develop their communication skills through seminar presentations, role-plays and participatory engagement. Students also examine and consider appropriate processes for a range of private and public situations and engage closely with the core processes of dispute resolution, including the legislative and regulatory framework, to develop a sophisticated understanding of the practice of dispute resolution in Australia.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Explain, synthesise and apply the philosophies, theories and principles of law relevant to dispute resolution practice. |
|---|---|
| 2. | Frame a dispute and select, analyse and critique selected dispute resolution processes in a variety of dispute contexts from a range of perspectives including law, philosophy, ethics and psychology |
| 3. | Identify, analyse, evaluate and synthesise interdisciplinary research materials in relation to selected dispute resolution theories or practices |
| 4. | Construct clear, succinct, reasoned, integrated and insightful analysis and arguments that are supported by research and scholarship |
| 5. | Present research findings in an engaging manner orally to an audience of professionals from a wide range of disciplines |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- 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: Independent and self-directed Learning
Independent and self-directed learning mirrors the requirements of professional practice. Subject materials including the topics, prescribed readings, class exercises and assessment tasks are set out in the Dispute Resolution Subject Guide that is available on CANVAS. Students should consult this subject guide for all class details and complete the prescribed reading and exercises before attending the intensive classes. These readings and exercises are designed to enhance student participation in class activities including role plays.
Strategy 2: Engaging in Lectures and Seminars
Because of this subject’s interactive nature, students benefit most directly from real time delivery of content. Participatory engagement in lectures and seminars enables students to clarify, discuss and develop subject concepts.
Students develop their knowledge of skills and theories by engaging in discussions with their lecturer, practitioners and peers and through their independent preparation. This enables them to contribute actively to role-plays and practical exercises. There are on-going opportunities throughout each intensive block day for students to ask questions to further their knowledge and get feedback to clarify their understanding of topics, class exercises and readings. Formal feedback on students’ learning is provided through a review quiz task and the preparation of a research paper.
Strategy 3: Role-plays, Exercises and Debriefs
Students will participate in simulated and collaborative role-plays, exercises, and debriefs. These exercises are an opportunity for students to experience the practical and skill-based aspects of dispute resolution. Students build on the skill-based knowledge acquired through the subject materials, lectures, and seminars and develop communication skills. Feedback is provided during the debriefing periods that immediately follow the completion of each role-play and exercise each day of the intensive block. Feedback is available from Day 1 in this intensive mode subject. This feedback enables students to build skills for additional role-plays, exercises, as well as the review assessment and the oral presentation of their research project.
Strategy 4: Oral Presentations
Students will present their research findings to their peers during the seminar day (following the intensive 3 day session). Students receive feedback from their peers and teachers not only on their knowledge of a subject area but also their ability to communicate their thoughts and relevant information in a clear, coherent and confident manner. Feedback from oral presentations is instructive for the final research essay.
Subject Delivery:
The subject is organised in block mode over 4 days: a three-day intensive block plus one seminar day.
Attendance for at least eighty percent of the allocated program is required for satisfactory completion of the subject.
Learning in this subject will come from actively engaging in the following activities and preparatory work for them.
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
| Intent: | This task provides an opportunity to develop oral advocacy skills and demonstrate an advanced and integrated knowledge of and critical engagement with dispute resolution theories and/or practices. It also provides you with feedback on your 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, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 20% |
| Length: | notional - 2,000 words |
| Criteria: | Written feedback will be provided by a grade and mark according to a rubric, assessing the following:
|
Assessment task 2: Review
| Intent: | This task is designed to assist you to review, synthesise and reflect upon your learning in relation to laws, theories and processes relevant to dispute resolution. |
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| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
| Weight: | 20% |
| Length: | notional 1500 words |
| Criteria: | Written feedback will be provided by a grade and mark according to the following criteria:
|
Assessment task 3: Research Paper
| Intent: | Research skills are an essential part of being a practitioner and this task gives students the opportunity to research a topic of professional significance and/or appropriate for career development. This task is intended to assess your research skills, your ability to analyse and evaluate issues in relation to dispute resolution processes, and your ability to develop a clear and well-reasoned argument in writing in relation to these issues. |
|---|---|
| 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: 1.0, 3.0 and 5.0 |
| Weight: | 60% |
| Length: | 3,500 word limit |
| Criteria: |
Feedback: Markers will provide some feedback on the essay in accordance with the marking sheet, a copy of which is available on CANVAS and in the Subject Guide. |
Required texts
- David Spencer, Principles of Dispute Resolution (Thomson Reuters, 2nd ed, 2016)
Recommended texts
- Laurence Boulle and Rachael Field, Australian Dispute Resolution- Law and Practice(LexisNexis 2017)
- Roy J Lewicki, Bruce Barry, and David Saunders, Essentials of Negotiation(McGraw Hill, 6th ed, 2015)
- Gregory Tillett and Brendan French, Resolving Conflict: A Practical Approach(Oxford University Press, 4th ed, 2010)
- Tania Sourdin, Alternative Dispute Resolution(Thomson Lawbook Company, 5th ed, 2016)
- David Spencer and Samantha Hardy, Dispute Resolution in Australia: Cases, Commentary and Materials(Thomson Reuters, 3rd ed, 2014)
Other resources
- Nadja Alexander, Jill Howieson and Kenneth Fox, Negotiation: Strategy, Style, Skills(Lexis Nexis, 3rd ed, 2016)
- Roger Fisher, William Ury and Bruce Patton, Getting to Yes: Negotiating an Agreement Without Giving In (Random Century Ltd, 2nd ed, 1999) or any later edition.
- Gary T Furlong, The Conflict Resolution Toolbox: Models and Maps for Analyzing, Diagnosing and Resolving Conflict, (John Wiley and Sons 2005)
- Michael King , Arie Freiberg, Becky Batagol and Ross Hyams, Non-Adversarial Justice(The Federal Press, 2nd ed, 2014)
- Michelle LeBarron and Venashri Pillay, Conflict Across Cultures,: A unique Experrience of Bridging Differences, (Intercultural Press, 2006)
- Bernard Mayer, The Dynamics of Conflict: A guide to Engagement and Intervention, (Jossey Bass, 2012 )
- Michael L. Moffit and Robert C. Bordone (eds), The Handbook of Dispute Resolution, (Jossey-Bass, 2005)
- Christopher W Moore, The Mediation Process: Practical Strategies for Resolving Conflict (Jossey-Bass, 3rd ed, 2003)Australasian Dispute Resolution Journal
- Mark Gerzon, Leading Through Conflict: How Successful Leaders Transform Differences into Opportunities (Harvad Business School Press 2006)
- John Paul Lederarch, The Moral Imagination: The Art and Sould of Building Peace (Oxford University Press, 2005)
- Bond Law Review
- Negotiation Journal
- Ohio State Journal on Dispute Resolution Mediation Quarterly
- Harvard Law Review
- Osgoode Hall Law Review
Websites