LAWS5109 Dispute Resolution

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Non-standard teaching periodUWA (Perth)Face to face
Content
Despite the fact that only a very small percentage of cases ever proceed to trial, legal education has traditionally emphasised adversarial dispute resolution processes. However, there have always been numerous ways for people to resolve their disputes without recourse to lawyers and courts, and now the legal fraternity is embracing these deeper ways of dealing with conflict. This unit explores several methods of dispute resolution as a comparison to litigation and aims to seek a balance between the uses of the different forms. It investigates the various dispute resolution processes including negotiation, mediation, arbitration and mixed processes, to gain familiarity with the processes, rudimentary skills in using them and some experience in choosing the most appropriate process to use to resolve a particular dispute.

Students are able to (1) analyse the nature and cause of disputes; (2) understand the various forms of dispute resolution including litigation and how they work in practice; (3) advise clients on the appropriate use of different dispute resolution methods; (4) engage in constructive negotiation, mediation and arbitration; and (5) critically evaluate and research the various issues that arise in ADR practice.
Outcomes
Students are able to (1) demonstrate an understanding of (a) the dynamics of conflict, litigation and disputes; and (b) the theories and practice of negotiation, mediation, arbitration, litigation and hybrid dispute resolution processes to an advanced level, as well as also demonstrating a developing understanding of the theory and practice associated with international dispute resolution, and the broader legal and social contexts in which legal disputes arise; (2) demonstrate an appreciation of contemporary developments in the dispute resolution field, including the law and practice; (3) demonstrate an appreciation of the lawyer's role in appropriate and ethical dispute resolution; (4) recognise and critique the lawyer's role in dispute resolution and the practical and ethical considerations arising in professional practice; (5) exercise professional judgement in relation to appropriate dispute resolution and what might best serve the client and the community; (6) identify and articulate legal issues arising in dispute resolution; (7) diagnose a dispute and advise the parties on the appropriate dispute resolution process(es); (8) demonstrate cognitive and creative skills in approaching a dispute and assessing the various dispute resolution processes available; (9) demonstrate an ability to interpret socio-legal research that identifies and evaluates the theoretical underpinnings of dispute resolution and how current policies seek to address these; (10) interview clients and advise parties of a dispute as to the appropriate dispute resolution process; and (11) plan, prepare and engage in case simulation exercises and reflect upon performance and the experience.
Assessment
Typically this unit is assessed in the following ways: (1) research and reflective journal; (2) group presentation; and (3) in-class test. Further information is available in the unit outline.

Supplementary assessment is not available in this unit.
Unit Coordinator(s)
Associate Professor Jill Howieson
Unit rules
Prerequisites:
LAWS4101 Foundations of Law and Lawyering
Incompatibility:
LAWS4105 Dispute Resolution
Contact hours
teaching dates: 12–23 February 2018; tutorials: throughout semester 1 (refer to the timetable website for session times and venues; attendance at all sessions is mandatory)
Note
This unit was previously LAWS4105 Dispute Resolution.
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