Year
2016
Units
4.5
Contact
1 x 10-hour on-line exercises weekly
Prerequisites
^ = may be enrolled concurrently
1 Admission into JD-Juris Doctor
1a Admission into GCLA-Graduate Certificate in Laws
1b Admission into GDPLA-Graduate Diploma in Laws
2 ^ LLAW9601 - The Australian Legal System
Must Satisfy: ((1 or 1a or 1b) and 2)
Assessment
Assignment(s), Examination(s), Test(s), Oral, Collaborative Workshop Exercises
Topic description
This topic will introduce students to the nature of conflict in a legal environment, dispute management as a broad concept and provide an introduction to theoretical and practical aspects of dispute resolution including negotiation, mediation, arbitration, litigation and other alternatives.
Educational aims
This topic aims to:

  • provide students with an ability to think critically about the management of disputes;

  • provide students with the knowledge to analyse disputes from a range of theoretically and practically informed perspectives; and

  • provide students with the skills to apply a range of dispute management techniques, particularly those relevant to negotiation and mediation.
Expected learning outcomes
It is expected that as a result of work in this topic, students will:

  1. demonstrate a knowledge and understanding of the role of dispute resolution in society; various methods of dispute resolution including mediation, arbitration, and litigation.

  2. demonstrate ability to:

    (a) understand approaches to ethical decision making;

    (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;

    (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and

    (d) exercise professional judgment,

    in the context of dispute resolution.

  3. demonstrate ability to:

    (a) identify and articulate complex legal issues;

    (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;

    (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and

    (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,

    In the context of dispute resolution.

  4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of dispute resolution;

  5. demonstrate ability to:

    (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and

    (b) collaborate effectively,

    in the context of the law of dispute resolution.

  6. demonstrate ability to:

    (a) learn and work with a high level of autonomy, accountability and professionalism, and

    (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.