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Intercultural Dispute Resolution (LAWS90021)
Graduate courseworkPoints: 12.5Not available in 2022
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
Overview
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Conflicts with intercultural dimensions are ubiquitous in today’s legal practice. Lawyers need cultural fluency to navigate and manage diverse values and expectation, communication norms, and worldviews. Cultural fluency is the ability to communicate and problem-solve across a wide range of differences. As the roles of lawyers change and a growing accent is placed on effective negotiation, the importance of cultural fluency only increases. Experiential education will be used to explore processes, capacities, and creative tools for addressing intercultural conflict. This subject will apply theory, research and practical skills to a variety of practice contexts, integrating insights from neuroscience research.
Drawing on current interdisciplinary literature and case examples from scholarly and personal sources, students will:
- Explore intrapersonal, interpersonal and intergroup dynamics of intercultural disputes
- Learn about processes to address deep-rooted intercultural conflict
- Examine and critique cultural dimensions of conventional dispute resolution processes including in-person and online mediation
- Analyse implicit meanings and cultural values of a continuum of dispute resolution processes as applied in a variety of sectors and settings, including private and public sector organisations and communities
- Identify ways that chaos, complexity and neuroscientific theories inform conflict analysis and implications for dispute process design
- Experience and apply imaginative and creative tools for transforming cultural disputes
- Experiment with somatic, arts-based methodologies including applications and limitations in intercultural dispute intervention
- Apply cultural fluency in a range of case types and practice settings through small-group discussion and practice outside the classroom.
Successful completion of the course will expand participants’ abilities for culturally- fluent analysis, intervention and follow-up as third parties, participants or advocates in negotiation and dispute resolution processes. Participants will learn valuable skills of integrative thinking and creativity through experiential exercises and the final paper.
Intended learning outcomes
A student who has successfully completed this subject will:
- Articulate and critically reflect on comparative theoretical and philosophical values and constructs shaping dispute resolution processes and programs as they are becoming institutionalized in Australia and elsewhere
- Critically evaluate existing and alternative dispute resolution processes in relation to cultural fluency
- Apply a range of tools to effectively manage conflict across cultures informed by neuroscientific research and the latest work on intercultural conflict management
- Demonstrate cultural fluency in communication, problem-solving and advocacy in relation to a range of legal problems
- Engage in ongoing self-reflection and skills development to increase sensitivity and adeptness in addressing complex disputes
- Provide meaningful input into dispute system process design for private clients and public programs based on sound theoretical understandings
- Consistently infuse creativity in negotiation, problem-solving and advocacy to enhance their capacity for effective legal work.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90080 | Negotiation and Dispute Resolution | March (Online) |
12.5 |
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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: 12 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Research paper on a topic approved by the subject coordinator
| 5 August | 100% |
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
Not available in 2022
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Last updated: 12 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Subject notes
This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Law and Development Course Master of Public and International Law Course Master of Commercial Law Course Master of Laws Course Graduate Diploma in Dispute Resolution Course Graduate Diploma in Legal Studies - Links to additional information
- 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 12 November 2022