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Dispute Resolution (LAWS50027)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 1
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability | Semester 1 |
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Fees | Look up fees |
In this subject students consider the theory and practice of civil dispute resolution through detailed examination and critical analysis of three forms of dispute resolution; negotiation, mediation and litigation. Through detailed analysis of cases, statutes, court rules, academic articles and law reform reports students will build on the legal reading and analysis skills introduced in Legal Method and Reasoning. Students will consider the role of lawyers in assisting the resolution of their client’s disputes in the context of their professional skills, ethical responsibilities and legal obligations. The role of the judges and courts in resolving disputes through adjudication and alternative dispute resolution will also be considered. The subject includes research, group practical exercises, court visits and discussions with legal practitioners and judges.
Topics to be examined in detail include:
- The nature of disputes;
- The similarities and differences between dispute avoidance, prevention, management and resolution;
- The nature and role of negotiation, mediation and compromise in resolving civil disputes;
- The role of lawyers in identifying and using the dispute resolution process most appropriate to the particular dispute;
- The role of courts and judges in adjudicating cases and case management in an adversary system;
- The cost of litigation, including the role of costs in controlling litigation and access to justice;
- The stages in the conduct of a civil proceeding, including identification of jurisdiction, the initiation of proceedings, service, injunctions, pleadings, joinder, discovery, judgment, appeal and enforcement;
- Current and future aspects of civil justice law reform; and
- Identification and application of ethical issues arising in dispute resolution contexts.
Intended learning outcomes
The aim of this subject is to instil the technical skills and foundational substantive knowledge required for the advanced and integrated understanding of resolving disputes through litigation, negotiation and mediation and the differences and similarities between these methods in resolving civil disputes. These skills and knowledge will be developed through critical analysis of cases, legislation, academic writing and law reform reports and participation in group practical exercises, court visits and discussions with practitioners and judges.
Students who successfully complete the subject will have developed an integrated understanding of the role of three forms of resolving disputes and be able to:
- Critically analyse and evaluate a civil dispute including complex factual scenarios and provide advice as to the most appropriate method of resolving the dispute;
- Demonstrate the ability to research, analyse and critique current theories, perspectives and developments in civil dispute resolution;
- Identify ethical issues and demonstrate judgement and responsibility in the process of resolving disputes in practical exercises;
- Identify and locate relevant principles in cases, statutes and court rules and apply those principles to fact scenarios in order to provide well-reasoned advice about the legal obligations of parties and the appropriate steps parties should take to resolve their dispute; and
- Work effectively as a team member to solve problems.
Generic skills
On completion of the subject, students will have developed the following skills:
- Reading, interpreting and analysing statutes (primarily Rules of Court and related statutes);
- Hypothetical problem solving, including an ability to:
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- Identify and apply legal, procedural, ethical and strategic considerations arising in complex fact situations.
- Teamwork, including the ability to:
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- Identify and implement processes to promote effective teamwork;
- Understand the impact of individual characteristics (for example, personality and culture) on group processes; and
- Use effective conflict management and resolution techniques in a team context.
- Give and receive constructive feedback;
- Negotiation and mediation, including the ability to:
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- Plan for and conduct a negotiation and/or a mediation; and
- Use an interest-based negotiation model.
- Case reading and analysis, including an ability to:
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- Extract important features from judgments;
- Reconcile judgments;
- Evaluate the development of legal principles; and
- Apply legal principles arising from case law to new situations.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- 2,000 word written paper (30%);
- Supervised 3-hour (open book) examination during the University exam period (70%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Dates & times
- Semester 1
Principal coordinator Inbar Levy Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 27 February 2017 to 28 May 2017 Last self-enrol date 10 March 2017 Census date 31 March 2017 Last date to withdraw without fail 5 May 2017 Assessment period ends 23 June 2017 Semester 1 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Time commitment details
144 hours
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- David Bamford and Mark Rankin, Principles of Civil Litigation (Thomson Reuters, 2nd ed, 2014);
- Specialist printed materials will also be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor Course Juris Doctor/Master of Business Administration - Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022