Dispute Resolution

This subject has the following teaching availabilities in 2008:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability

This subject will introduce students to the theory and practice of dispute resolution. Students will appreciate that many conflicts never become disputes, that many disputes are never litigated, and that many civil cases in which proceedings are commenced are settled without a trial or judgment. The reasons for these various outcomes will be considered. The main stages of the civil litigation process will be analysed, and students will acquire an understanding of how adversarial processes work. The essential features of negotiation, mediation, arbitration and other primary dispute resolution options will also be considered. Topics will include:

• the nature of disputes;
• theories of disputing behaviour;
• the similarities and differences between dispute avoidance, prevention, management and resolution;
• the historical development of dispute resolution processes;
• cross-cultural perspectives of dispute resolution processes;
• the stages in the conduct of a civil action, from commencing and defending proceedings to resolution; and
• the relationship between dispute resolution processes, access to justice and law reform.

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
• the capacity for close reading and analysis of a range of sources
• the capacity for critical and independent thought and reflection
• the capacity to solve problems, including through the collection and evaluation of information
• the capacity to communicate, both orally and in writing
• the capacity to plan and manage time
• the capacity to participate as a member of a team
• intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

• reading, interpreting and analysing statutes (primarily Rules of Court and related statutes)
• hypothetical problem solving, including an ability to:
• identify and apply legal, procedural, ethical and strategic considerations arising in complex fact situations
• draft basic documents used in dispute resolution processes, primarily negotiation plans, pleadings, affidavits and letters of advice
• teamwork, including the ability to:
• identify and implement processes to promote effective teamwork
• understand the impact of individual characteristics (for example, personality and culture) on group processes
• use effective conflict management and resolution techniques in a team context
• give and receive constructive feedback
• negotiation and mediation, including the ability to
• plan for and conduct a negotiation and/or a mediation
• use an interest-based negotiation model
• case reading and analysis, including an ability to:
• extract important features from judgments
• reconcile judgments
• evaluate the development of legal principles
• apply legal principles arising from case law to new situations