79771 Dispute Resolution

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2023 is available in the Archives.

UTS: Law
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 (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)

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:

• Legal Knowledge
  An advanced and integrated understanding of a complex body of legal knowledge including:
  a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
  b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
  c. The principles and values of justice and ethical practices in lawyers’ roles;
  d. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
  e. Contemporary developments in law and its professional practice. (1.1)
• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively, including an ability to:
  a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
  b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
  c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)
• Communication
  Well-developed professional and appropriate communication skills including:
  a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
  b. An ability to inform, analyse, report and persuade;
  c. An ability to strategically select an appropriate medium and message;
  d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
  e. An ability to respond respectfully. (5.1)
• Collaboration
  Advanced and integrated collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
  a. An ability to give and receive feedback;
  b. Appropriate professional and interpersonal skills in working collaboratively; and
  c. A capacity to develop strategies to successfully negotiate group challenges. (6.1)

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 review of their presentation 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.
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: 3.1, 5.1 and 6.1
Weight:	40%
Length:	notional - 1500 words
Criteria:	Written feedback will be provided by a grade and mark according to a rubric, assessing the following: Advanced and integrated understanding of your topic area; Compelling and engaging communication of topic knowledge; Evidence of relevant research of primary and secondary materials; Capacity to think critically, strategically and creatively about the subject matter; Slides and handouts for class members support and enhance the presentation; The bibliography demonstrates depth and breadth of primary and secondary resources.

Assessment task 2: 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: 1.1, 3.1, 5.1 and 6.1
Weight:	60%
Length:	3,000 word limit
Criteria:	An introduction that effectively describes the nature of the issues and the argument that will be made; A clear and persuasive argument developed and sustained throughout the essay; An advanced and integrated understanding of dispute resolution processes within and outside of the legal system; Evidence of research of primary and secondary legal materials and interdisciplinary research materials; Evidence of an original, strategic, and sophisticated argument(s), perspective(s), or response(s) supported by appropriate references and case law; Well-structured for audience and purpose Clear, succinct, reasoned, and integrated analysis including correct grammar, punctuation and spelling; A conclusion that draws together the argument introduced in the Introduction and developed in the essay; Appropriate use of Australian Guide to Legal Citation (3rd ed) for heading levels, formatting, quotes and footnotes; A bibliography that demonstrates depth and breadth of primary and secondary resources. 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

• Rachael Field, Australian Dispute Resolution (LexisNexis 2022)

Recommended texts

• David Spencer, Principles of Dispute Resolution (Thomson Reuters, 3rd ed, 2020)

Other resources

• Daniel Bowling and David Hoffman (eds), Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution, (Jossey-Bass 2003)
• Peter Condliffe, Conflict Management: A Practical Guide, (LexisNexis, 4th ed, 2012)
• Cathy A. Costantino and Christina Sickles Merchant, Designing Conflict Management Systems: A guide to Creating Productive and Healthy Organisations, (Jossey-Bass, 1995)
• 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.
• Joseph Folger, Marshall Scott Poole and Randall Stutman, Working Through Conflict: Strategies for Relationships, Groups, and Organisations, (Routledge, 8th ed, 2018)
• Gary T Furlong, The Conflict Resolution Toolbox: Models and Maps for Analyzing, Diagnosing and Resolving Conflict (John Wiley and Sons 2020)
• Mark Gerzon, Leading Through Conflict: How Successful Leaders Transform Differences into Opportunities (Harvard Business School Press 2006)
• Michael King , Arie Freiberg, Becky Batagol and Ross Hyams, Non-Adversarial Justice (The Federal Press, 2nd ed, 2014)
• Michelle Le Barron and Venashri Pillay, Conflict Across Cultures: A unique Experience of Bridging Differences (Intercultural Press, 2006)
• John Paul Lederarch, The Moral Imagination: The Art and Sould of Building Peace (Oxford University Press, 2005)
• Roy J Lewicki, Bruce Barry, and David Saunders, Essentials of Negotiation (McGraw Hill, 7th ed, 2021)
• 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, 2020)
• L. Reychler, Time for peace: The essential role of time in conflict and peace processes, (University of Queensland Press 2015)
• Tania Sourdin, Alternative Dispute Resolution (Thomson Lawbook Company, 6th ed, 2020)
• David Spencer and Samantha Hardy, Dispute Resolution in Australia: Cases, Commentary and Materials (Thomson Reuters, 4th ed, 2019)
• Gregory Tillett and Brendan French, Resolving Conflict: A Practical Approach (Oxford University Press, 4th ed, 2010)

Australasian Dispute Resolution Journal

Australian Dispute Resolution Journal

Bond Law Review

Conflict Resolution Quarterly

Ohio State Journal on Dispute Resolution

Mediation Quarterly

Negotiation Journal