Dispute Resolution: Practice and Procedure is an elective subject in postgraduate programs offered by the Faculty of Law. This subject deals with a range of practical aspects of dispute resolution with a focus on the roles of legal practitioners as third party interveners (mediators and arbitrators) and as legal representatives for the parties in a range of dispute resolution processes (including those of negotiation, mediation, collaborative law and arbitration). The subject is designed to prepare students for those aspects of dispute resolution which have practical application in the day to day practice of lawyers, considering current trends in dispute resolution in the Australian civil justice system. The subject examines a range of issues, from advising clients about the benefits (and disadvantages) of dispute resolution processes, to helping clients deal with psychological impediments to settlement, to drafting the terms of settlement reached by the parties.
|Faculty||Faculty of Law|
1. Write a research paper based on the critical analysis of legal research related to processes and practices of dispute resolution. 2. Diagnose causes of conflict and develop strategies to manage the conflict within the relevant dispute resolution processes. 3. Identify and apply ethical obligations and responsibilities of lawyers and mediators in dispute resolution processes. 4. Inform clients about appropriate dispute resolution options and prepare them for participation in various dispute resolution processes.
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects.
Students must be enrolled into a Masters law degree OR LA-43040 Doctor of Legal Science (Research) OR be an approved Law Study Abroad or Law Exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
|Withdraw – Financial?||07/02/2022|
|Withdraw – Academic?||20/02/2022|