law1dr dispute resolution
DISPUTE RESOLUTION
LAW1DR
2019
Credit points: 15
Subject outline
A significant aspect of a lawyer's work involves helping people resolve disputes. Dispute resolution practice and policy making also involves professionals from other fields including health, education and finance. There are also significant developments in the use of alternative dispute resolution processes within the criminal justice system. This subject provides a general introduction to the theoretical and practical aspects of conflict and dispute resolution. The processes of arbitration, conciliation, mediation and negotiation are described and evaluated. Lectures detail how these processes are used in a range of areas including family law, commercial disputes and private disputes. Developments in the range of non-adversarial justice initiatives are examined. Current issues in the use of dispute resolution processes such as accreditation, ethics, negotiating in the 'shadow of the law' and lawyers acting as mediators are analysed. Skills-based training in negotiation and mediation is a major and compulsory component of the subject.
SchoolLa Trobe Law School
Credit points15
Subject Co-ordinatorLola Akin Ojelabi
Available to Study Abroad StudentsNo
Subject year levelYear Level 1 - UG
Exchange StudentsNo
Subject particulars
Subject rules
Prerequisites Admission into: LBLX; LVLGE; LVLGEB; LVLUE; LVLUEB; LWLA; LWLAC; LWLAS; LWLAT; LWLATB; LWLBUSB; LWLBUS; LWLE; LWLEC; LWLEE; LWLF; LWLFI; LWLINT; LWLIR; LWLM; LWLMC; LWLPY; LWLPYB; LWLSC; LWLSCB; LZCOML; LZCRL; LZCRLB; LWLBM;LWLPPE; LWCOML
Co-requisitesN/A
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditionsN/A
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Alternative Dispute Resolution | Recommended | Sourdin, T. | 5th Edition |
| Readings | Dispute Resolution in Australia | Recommended | Astor, H., Chinkin, C. | BUTTERWORTHS 2ND EDN (2002) |
| Readings | Dispute Resolution in Australia: Cases, Commentary and Materials | Recommended | Spencer,D & Hardy, S. | 2ND EDN. 2009 |
| Readings | Getting to Yes: negotiating agreements without giving in | Recommended | Fisher, R. and Ury, W. | 2ND EDITION, RANDOM CENTURY 1991 |
| Readings | Mediation: Skills and Technique | Recommended | Boulle, L. | 3RD EDITION, BUTTERWORTHS 2005 |
| Readings | Alternative Dispute Resolution: Law and Practice | Recommended | Laurence Boulle and Rachael Field | LexisNexis Butterworths, 2017 |
Graduate capabilities & intended learning outcomes
01. Describe and evaluate the key features of a range of dispute resolution processes, including non-determinative processes, and their interface with the Australian legal system.
- Activities:
- in class skills based activity. Essays.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
02. Explain the differences between the various approaches to dispute resolution.
- Activities:
- In class skill based activity. Essays. Final Examination.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
03. Demonstrate an understanding of the skills involved in dispute resolution including active listening, questioning, reflection, summary, reframing, agenda setting, identification of parties, interests and needs.
- Activities:
- In class skill based activity. Final examination. Role play.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)
04. Demonstrate the application of the facilitative approach to mediation
- Activities:
- In class skill based activity. Role play.
- Related graduate capabilities and elements:
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
05. Evaluate and analyse the role of various dispute resolution mechanisms and professionals within the legal system and broader community.
- Activities:
- In class skill based activity. Final examination.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)
06. Apply teamwork and micro skills in communication, negotiation and mediation in a small group setting.
- Activities:
- In class skill based activity. Role play
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Speaking,Cultural Literacy)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Inquiry and Analytical Skills(Critical Thinking,Creative Problem-solving,Inquiry/Research)
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)
- Personal and Professional Skills(Teamwork including leadership and working in groups,Ethical behaviour)
Subject options
Select to view your study options…
Bendigo, 2019, Semester 1, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorJudith Gutman
Class requirements
SeminarWeek: 11 - 22
One 2.0 hours seminar per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.
LectureWeek: 10 - 22
One 1.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Library Research Quiz (Equivalent to 250 words) and Short Essay (1000 words) | The library research quiz consists of a number of activities to help students learn how to do research in order to complete their assignment. This part of the assessment is worth 5%. Referencing according to AGLC is required for the Essay part of the assessment. Essay is worth 20%. | 25 | 01, 02, 05 |
| Role Play (1000 word equivalent) | This assessment is a compulsory requirement. Mediation role-play is performed in seminars. Students who do not participate in the Role Play Assessment cannot pass this subject. | 20 | 03, 04, 06 |
| In class skill based activity (Equivalent to 500 words) | Engagement in skill-based activities is required Attendance is compulsory. | 10 | 01, 02, 03, 04, 05, 06 |
| Final Examination (1750 words) | Examination will take place during University Examination Period. | 45 | 01, 02, 03, 05 |
Melbourne, 2019, Semester 1, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorJudith Gutman
Class requirements
SeminarWeek: 11 - 22
One 2.0 hours seminar per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.
LectureWeek: 10 - 22
One 1.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Library Research Quiz (Equivalent to 250 words) and Short Essay (1000 words) | The library research quiz consists of a number of activities to help students learn how to do research in order to complete their assignment. This part of the assessment is worth 5%. Referencing according to AGLC is required for the Essay part of the assessment. Essay is worth 20%. | 25 | 01, 02, 05 |
| Role Play (1000 word equivalent) | This assessment is a compulsory requirement. Mediation role-play is performed in seminars. Students who do not participate in the Role Play Assessment cannot pass this subject. | 20 | 03, 04, 06 |
| In class skill based activity (Equivalent to 500 words) | Engagement in skill-based activities is required Attendance is compulsory. | 10 | 01, 02, 03, 04, 05, 06 |
| Final Examination (1750 words) | Examination will take place during University Examination Period. | 45 | 01, 02, 03, 05 |