This unit deals with dispute resolution (DR) in the justice system. It places DR in context among traditional dispute resolution mechanisms in law and the growing field of restorative or therapeutic justice. Disputes and conflicts are analysed within theoretical and practical legal frameworks to identify core issues and to identify appropriate solutions. Students learn about and model skills in communication; negotiation; mediation and conciliation required for practice in this field. The unit also deals with the law and practice governing arbitration under Australian and both private and public international law.

Learning outcomes

After successful completion of this unit, students will be able to:
1. Identify, explain and analyse different types of dispute resolution processes;
2. Apply dispute resolution knowledge and practical skills to conduct dispute resolution processes;
3. Identify professional standards and ethical issues related to dispute resolution processes, including the role of legal and dispute resolution practitioners; and
4. Apply a model of reflective thinking that examines opportunities for your own learning and improvement in the context of resolving disputes.

Graduate attributes

1. 海角社区 graduates are professional - communicate effectively
1. 海角社区 graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. 海角社区 graduates are professional - employ up-to-date and relevant knowledge and skills
1. 海角社区 graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. 海角社区 graduates are global citizens - make creative use of technology in their learning and professional lives
2. 海角社区 graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. 海角社区 graduates are global citizens - think globally about issues in their profession
2. 海角社区 graduates are global citizens - communicate effectively in diverse cultural and social settings
2. 海角社区 graduates are global citizens - make creative use of technology in their learning and professional lives
2. 海角社区 graduates are global citizens - understand issues in their profession from the perspective of other cultures
2. 海角社区 graduates are global citizens - understand issues in their profession from the perspective of other cultures
3. 海角社区 graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. 海角社区 graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. 海角社区 graduates are lifelong learners - be self-aware
3. 海角社区 graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
3. 海角社区 graduates are lifelong learners - evaluate and adopt new technology
4. 海角社区 graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - apply their knowledge to working with Indigenous Australians in socially just ways
4. 海角社区 graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - use Indigenous histories and traditional ecological knowledge to develop and augment understanding of their discipline

Skills development

This Unit introduces you to non-adversarial approaches to dispute resolution in the context of legal practice and advocacy. It highlights the importance of properly managing disputes and the role of lawyers within that process. It also explores the significant and positive role lawyers play in society, not simply in a litigation context but also in assisting people to resolve their own disputes. 

 

Prerequisites

None.

Corequisites

None.

Incompatible units

11432 Dispute Management G

Equivalent units

9422 Alternative Dispute Resolution in Law

Assumed knowledge

None.