Handbook

LAWS90080 Advanced Dispute Intervention

Credit Points: 12.5
Level: 9 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2017:

May, Parkville - Taught on campus.Show/hide details
Pre-teaching Period Start 12-Apr-2017
Teaching Period 10-May-2017 to 16-May-2017
Assessment Period End 09-Aug-2017
Last date to Self-Enrol 31-Mar-2017
Census Date 10-May-2017
Last date to Withdraw without fail 30-Jun-2017

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.



Timetable can be viewed here.
For information about these dates, click here.
Time Commitment: Contact Hours: 29-33 hours
Total Time Commitment:

136-150 hours

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.

Prerequisites:

Melbourne Law Masters Students: None

JD Students: Successful completion of the below subject:

Subject
Study Period Commencement:
Credit Points:
Corequisites: None
Recommended Background Knowledge:

Some prior knowledge of dispute resolution would be useful.

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.

Non Allowed Subjects:

Students who have completed the below subject are not permitted to take LAWS90080 Advanced Dispute Intervention:

Core Participation Requirements:

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

Contact

Lecturer

Professor Michelle LeBaron, Coordinator

Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au

Subject Overview:

As lawyers’ roles change and complex issues that do not fit within traditional boundaries increasingly arise, new sets of skills and capacities are needed. These skills and mental habits set the most successful negotiators, dispute intervenors and advocates apart from others. Participants in this interactive subject will increase their practical effectiveness as representatives and third parties by learning a series of mental habits and concrete skills to deepen their capacities as change agents. Leveraging new material on neuroscience, empirical studies of negotiation, effective negotiators’ cognitive habits and systems theory, the subject will both complement and challenge longheld assumptions about optimal ways to engage disputes. Via experiential and case study approaches, we will deepen our capacities and skills for complex dispute analysis, creative problem-solving and cultural fluency. The subject will be useful for those working on a wide range of complex issues in a range of contexts including commercial, environmental/public policy and human rights.

Drawing on current interdisciplinary literature and case examples from scholarly and practice sources, students will:

  • Learn an original framework for dispute analysis and associated processes to address deep-rooted disputes
  • Analyse personal and shared cognitive habits, patterns and biases in relation to dispute engagement, identifying optimal cognitive habits and developing strategies for integrating and applying these new habits
  • Critically 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, and learn principles of culturally fluent design
  • Practice simulated intervention in complex disputes in ways that synthesise and apply creative problem-solving informed by systems theory and neuroscience
  • Experience and apply a wide range of ways to increase intuition, improve focus and enhance lawyers’ capacities to accompany or lead change processes
  • Learn tools and heuristics to evaluate how and when creative problem-solving approaches can be integrated into existing dispute-engagement systems.

Successful completion of the subject will expand participants’ abilities for complex issue analysis, intervention and follow-up as third parties, participants or advocates in negotiation and dispute resolution processes. Students will learn valuable skills of integrative thinking and creativity through experiential exercises and the final paper.

Learning Outcomes:

A student who has successfully completed this subject will:

  • Have a sophisticated appreciation of and the know how to apply a range of tools informed by neuroscientific research to effectively analyse disputes and accompany clients in change processes
  • Be able to cultivate and practice a set of mental habits conducive to effectively negotiating and engaging legal disputes
  • Be able to demonstrate a facility in creative problem-solving in advocacy and dispute processes in ways that improve results
  • Have an advanced understanding of a range of Australian dispute resolution processes and provide meaningful input into process design and engagement for private or public clients and organisations
  • Be able to Integrate creative approaches to complex legal problems into all aspects of their practice.
Assessment:

8,000 - 10,000 word research paper (100%) (9 August 2017) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Prescribed Texts:

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information: law.unimelb.edu.au
Related Course(s): Graduate Diploma in Construction Law
Graduate Diploma in Dispute Resolution
Graduate Diploma in Legal Studies
Juris Doctor
Master of Commercial Law
Master of Construction Law
Master of Laws
Master of Public and International Law

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