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This subject introduces students to the theory and practice of civil dispute resolution and professional legal ethics through the medium of a reasonably complex civil action. Using a mix of face-to-face, online delivery, and independent learning, students will develop a critical understanding of the operation of three key dispute resolution processes, namely, negotiation, mediation and litigation. They will gain an appreciation of the role of lawyers in assisting the resolution of legal disputes, in terms of the professional skills, ethical responsibilities and legal obligations involved, including an understanding of duties to the client, to third parties involved in dispute resolution processes, to the administration of justice, and to the law itself. Through both their experiences in running the civil action, and engagement with the doctrinal, socio-legal and jurisprudential literature on lawyers, judges and dispute resolution, students will also be enabled to reflect deeply on the values, processes and outcomes of civil dispute resolution and settlement.
Intended learning outcomes
Students who successfully complete the subject will be able to:
- Demonstrate knowledge and understanding of the substantive legal rules and principles governing civil dispute resolution and professional legal ethics;
- Analyse and evaluate a civil dispute involving a reasonably complex factual scenario, and provide advice and assistance as to the most appropriate method(s) of resolving the dispute;
- Identify relevant ethical issues and demonstrate appropriate professional judgment and decision-making skills in advising on legal matters;
- Demonstrate basic skills of legal research, client communication, case management, and negotiation;
- Research, analyse and evaluate current theories, perspectives and developments in civil dispute resolution and legal ethics;
- Work effectively as a team member in the resolution of a civil case.
Last updated: 29 October 2019