LLAW3241 Dispute Management

2017

4.5

1 x 2-hour seminar weekly

1 Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1c Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1d Admission into BLAWS-Bachelor of Laws
1e Admission into BLAWSH-Bachelor of Laws (Honours)
1f Admission into BLLAW-Bachelor of Laws
1g Admission into BLLAWH-Bachelor of Laws (Honours)
1h Admission into BLLAWFP-Bachelor of Laws - City Campus
1i Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
2 18 Units of second year LLAW topics
3 Admission into BCOM-Bachelor of Commerce
3a Admission into BHS-Bachelor of Health Sciences
3b Admission into BCOMFN-Bachelor of Commerce (Finance)
3c Admission into BCOMWS-Bachelor of Commerce
3d Admission into BBUSAL-Bachelor of Business (Advanced Leadership)
3e Admission into BBUSEN-Bachelor of Business (Entrepreneurship)
3f Admission into BBUSHR-Bachelor of Business (Human Resource Management)
3g Admission into BBUSIB-Bachelor of Business (International Business)
3h Admission into BBUSMG-Bachelor of Business (Management)
3i Admission into BBUSMK-Bachelor of Business (Marketing)
3j Admission into BBUSWS-Bachelor of Business
3k Admission into CLAWBU-Bachelor of Laws/Bachelor of Business - City Campus
3l Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science - City Campus
3m Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology - City Campus
3n Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting - City Campus
3o Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology - City Campus
3p Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
3q Admission into CLAWHIT-B Laws (Hons)/B Information Technology
3r Admission into CLAWHAC-B Laws (Hons)/B Accounting
3s Admission into CLAWHCR-B Laws (Hons)/B Criminology
3t Admission into CLAWHBU-B Laws (Hons)/B Business
4 18 Units of second year topics in the relevant degree
Must Satisfy: (((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i) and 2) or ((3 or 3a or 3b or 3c or 3d or 3e or 3f or 3g or 3h or 3i or 3j or 3k or 3l or 3m or 3n or 3o or 3p or 3q or 3r or 3s or 3t) and 4))

LLAW3067 has been successfully completed

Minimum 2 hrs independent study weekly

This topic explores the nature of conflict and different ways of dealing with it once it has materialised into a dispute. Drawing on Australian and international examples, this topic examines the causes of conflict and frameworks for analysing disputes that are practically and theoretically informed. After introducing the broad scope of dispute management and conflict resolution, this topic explores theories of negotiation, when arbitration may be appropriate, the use of conciliation in workplace dispute, models of mediation and the role of culture in disputing. Case studies and problem-based scenarios will be incorporated to enhance discussion and skill building. Importantly, this topic analyses methods for resolving disputes ranging from litigation to alternative forms of dispute resolution, such as mediation and negotiation. Identifying and practising dispute management skills, particularly those relevant to negotiation and mediation, will be a significant part of the weekly workshops.

This topic aims to assist students to:

• think critically about the management of disputes in light of legal, business, organisational, institutional, interpersonal and ethical constraints
• analyse disputes from a range of theoretically and practically informed perspectives
• apply a range of dispute management skills, particularly those relevant to negotiation and mediation

On successful completion of this topic, students will have knowledge and skills in:

• describing the nature of conflict and the various ways in which disputes can be handled
• understanding the theoretical basis for the various approaches to the resolution of disputes and the connection to other disciplines
• identifying the sources of conflict in a given situation and hypothesising the most appropriate dispute resolution method for dealing with it
• understanding the role of conflict in society and within an organisation
• being aware of respondin appropriately to the ethical issues facing dispute resolution professionals
• describing alternative dispute resolution and its critiques in the management of disputes in Australia
• implementing a range of dispute management techniques, particularly those relevant to negotiation and mediation, in an ethical fashion
• in the workshops, practising the interpersonal skills and collaboration necessary for the successful resolution of disputes as both a first and third party
• practising skills in clear written and oral communication
• be able to conduct independent research utilising inter alia international scholarly texts