Dispute Resolution: Practice and Procedure is an elective subject in postgraduate programs offered by the Faculty of Law. This subject is designed to complement the subject Dispute Resolution: Theories and Principles. It 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, taking into account 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 particular 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. Identify possible causes of conflict and list the ways in which their clients might respond to conflict; define a range of dispute resolution processes (including negotiation, mediation, collaborative law, arbitration and litigation); identify and compare the usual characteristics of these processes; outline a number of potential advantages and disadvantages of these processes from a variety of perspectives; describe the stages involved in the processes of negotiation and mediation; describe the role and functions of third party interveners and of legal practitioners within these processes; be familiar with the court's pre- and post-filing dispute resolution requirements.
2. Understand the ethical obligations of lawyers in particular processes; be aware of the psychological impediments to settlement; understand the way in which mediators may influence the course and outcome of mediation; understand how they can facilitate their client's participation in these processes.
3. Be proficient at advising clients about appropriate dispute resolution options, preparing their clients for participation in various processes, preparing for and participating in negotiation and mediation as a legal representative for their clients, drafting of dispute resolution clauses.
4. Show awareness of the "minimal" ethical and professional responsibilities of lawyers who represent parties in negotiation; they should understand the values which underlie mediation; and recognise and respond appropriately to some of the ethical dilemmas faced by legal representatives and by lawyer mediators.
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 into a Masters law degree OR LA-43040 Doctor of Legal Science (Research) OR be an approved Law Study Abroad or Law Exchange student.
|Withdraw – Financial?||06/02/2021|
|Withdraw – Academic?||18/02/2021|