Dispute Resolution: Principles, Processes and Practices - JURD7314
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Kensington Campus
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Pre-requisite: Resolving Civil Disputes (LAWS2371/JURD7271) OR Litigation 1 (LAWS2311/JURD7211).
Equivalent: LAWS8314
Excluded: LAWS3314, LAWS8314
CSS Contribution Charge: 1 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
Legal education commonly focuses on the litigation process, case law, and the role of the courts as providers of justice. This fosters the assumption that litigation, or legal advice predicting the outcome of litigation, is the normal method of resolving disputes. In fact only a small proportion of disputes are resolved by litigation Instead, there is a growing dissatisfaction with the cost, speed and adversarial character of litigation, and a corresponding interest in alternative forms of dispute resolution. This course examines the legal and policy context of dispute resolution, and surveys and critiques a range of nonadversarial approaches to contemporary legal practice.
Course Objectives
- Appreciate the practical, policy and philosophical reasons for including dispute resolution within a justice system
- Have insight into the nature of conflict and how lawyers work with conflict in legal practice
- Understand the major dispute resolution mechanisms and approaches to non-adversarial justice
- Compare, contrast and critique these different mechanisms and approaches
- Have insight into the changing nature of legal practice
Main Topics
- Dispute resolution, and non-adversarial justice in modern legal practice
- Understanding and analysing conflict
- The dispute management continuum and the selection of dispute resolution methods
- Overview of the primary dispute resolution processes, legal controversies and policy issues
- Approaches to nonadversarial justice, such as restorative justice and collaborative practice
- Professionalism, quality and regulation in contemporary practice
Assessment
Learning Journal - 20%
Research Essay - 70%
Course Texts
Prescribed
- King, Freiberg, Batagol and Hyams, Non-Adversarial Justice, Federation Press, 2009.
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