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LAWS17-772: Dispute Resolution: Practice and Procedure

Description

Dispute Resolution: Practice and Procedure is an elective subject in postgraduate programs offered by the Faculty of Law in which undergraduate students may be permitted to enrol.  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.

Subject details

Type: Undergraduate Subject
Code: LAWS17-772
Faculty: Faculty of Law
Credit: 10
Study areas:
  • Law

Learning objectives

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.

Enrolment requirements

Requisites:

Nil

Assumed knowledge:

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.

Restrictions: This subject is not available to
  • This subject is not available to students on US Financial Aid.
  • Students on a Student Visa may be restricted from enrolment due to the mode of delivery in the chosen semester. Check the subject outline for further details.

Must have completed a minimum 120 Credit Points of LAWS subjects AND have a minimum average of 65% in LAWS subjects. | Students must be admitted into a Bachelor law degree or Bachelor of Laws combined degree 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.

Anti-requisites: