Dispute Resolution (LAWS50027)

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.
• 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:

• • Identify and apply legal, procedural, ethical and strategic considerations arising in complex fact situations.

• Teamwork, including the ability to:

• • 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:

• • 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:

• • Extract important features from judgments;
  • Reconcile judgments;
  • Evaluate the development of legal principles; and
  • Apply legal principles arising from case law to new situations.