Studying online
There are now 2 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Click on an offering mode for more details.
Unit Overview
- Description
Despite only a very small percentage of cases ever proceeding to trial, legal education has traditionally emphasised litigation as the primary dispute resolution process. However, there are a number of ways that people can resolve their legal disputes, often without recourse to lawyers and courts. Furthermore, a large amount of a lawyer's work can involve negotiating with others, yet often lawyers have very little formal negotiation education or training. This unit is aimed at developing the skills and attributes needed to resolve disputes confidently and ethically. The unit explores several methods of ethical dispute resolution and the place that each process has in the legal dispute resolution landscape. The unit places emphasis on teaching students ethical negotiation skills and introduces students to the ethical role of the lawyer in dispute resolution. It explores the framework of laws and professional rules governing legal professional ethics in Western Australia and gives students practical ethical training through workshop and tutorial style exercises.
Students are able to (1) demonstrate understanding of the various forms of ethical dispute resolution processes, including litigation, arbitration and mediation, and how they work in practice; (2) explain the theory underpinning the practice of ethical interest-based negotiations; (3) conduct an interest-based negotiation ethically and professionally; (4) apply the ethical frameworks underpinning law and legal practice; and (5) critically analyse ethical issues arising in negotiation and dispute resolution practice.
- Credit
- 6 points
- Offering
(see Timetable) Availability Location Mode Non-standard teaching period UWA (Perth) Face to face - Outcomes
Students are able to (1) demonstrate an understanding of the theory, process and practice of ethical, interest based negotiation; (2) demonstrate an understanding of the ethical practice associated with dispute resolution; (3) demonstrate an appreciation of the lawyer's role in appropriate and ethical dispute resolution; (4) recognise and critique the legal, practical and ethical considerations arising in dispute resolution practice; (5) exercise professional judgement in relation to ethical dispute resolution and what might best serve the client, the courts and the community; (6) interview clients in an ethical and interests-based manner; and (7) plan, prepare and engage in ethical dispute resolution exercises and reflect upon own performance and experience.
- Assessment
Indicative assessments in this unit are as follows: (1) negotiation preparation, participation and reflection; (2) professional and ethical class participation; and (3) in-class test. Further information is available in the unit outline.
Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
- Unit Coordinator(s)
- Professor Jill Howieson and Darren Moroney
- Unit rules
- Prerequisites
- For Juris Doctor (JD) students
Successful completion of Successful completion of - Incompatibility
- LAWS4105 Dispute Resolution
- Contact hours
- Students must attend every day of the intensive period 10-21 February 2025. Refer to the timetable for exact class times.
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
- Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Online flexible
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
Online timetabled
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Online Restricted
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
External
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Off-campus
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multi-mode
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.