Alternative Dispute Resolution

Course code LAWS5032Units 10Level 5000Faculty of Business and LawNewcastle Law School

The course examines Dispute Resolution as an additional process to the conventional litigated dispute. This course provides students with an introduction to conflict theory, the opportunity to recognise and critically evaluate additional forms of dispute resolution so as to be equipped to identify what type of dispute resolution is an appropriate medium to resolve a conflict. The essential features of negotiations, mediation, arbitration and other primary dispute resolution options will be considered. Students will have the opportunity to acquire and use dispute resolution skills. Students will consider the legal implications of choosing a particular dispute resolution process.

Available in 2015

Newcastle City PrecinctSemester 1
Objectives1.Identify sources of dispute or conflict.
2.Recognise and understand the language of dispute resolution.
3.Demonstrate a thorough knowledge of the processes of non-litigious Dispute Resolution.
4.Identify all the options by which disputes or conflict can be resolved or managed for a particular legal problem and be able to select the best dispute resolution process
for a particular dispute.
5.Demonstrate the introductory acquisition of the skills necessary for a lawyer to prepare for and participate in negotiation and mediation including:
a.For Negotiation: identifying the needs and interests of a client and the other parties, identifying appropriate opening offers, trade offs and concessions, being aware of
typical negotiation tactics and how to overcome them
b.For Mediation: identifying if a case is suitable for mediation, matching the dispute to the appropriate mediation model and selection of an appropriate mediator, guiding a
client through the mediation process, selecting the right place and time for the mediation, effective communication with the client and other parties, ability to judge
whether the process is productive and if not when and how withdrawal should take place
6. Demonstrate the introductory acquisition of the skills of a facilitative mediator including appropriate ethical practice ,the necessary communication skills for
facilitative mediation and ability to follow the recognised process of opening the mediation, taking opening statements, agenda setting, exploration of issues with the
parties, private sessions and further joint sessions with the parties.
7.Think critically about the theory of non litigious dispute resolution by being able to identify and examine the theories; analyse and question their assumptions and by
reflecting upon the contribution lawyers can make to the development of these theories.
8.Reflect upon and analyse your learning about dispute resolution skills and techniques.
ContentWeek 1 - introduction -history of ADR, conflict theory, structure of the course
Week 2 -The Client centered approach to legal problems, emotional competencies
Week 3 & 4 - Negotiation theory - this theory underpins many dispute resolution processes
Weeks 5 & 6 - Mediation theory and practice
Week 7 - Family Law and ADR
Week 8 -Non adversarial approaches to Criminal Law
Week 9-Advisory or Evaluative processes
Week 10 - Choosing the right dispute resolution process for the dispute
Week 11-12 Mediation skills
Replacing Course(s)n/a
Industrial Experience0
Assumed KnowledgeThe assumed knowledge for this course are the core subjects. TORTS, CONTRACTS, LEGAL SYSTEM AND METHOD. Also Civil Procedure LAWS4003.
Modes of DeliveryInternal Mode
Teaching MethodsCase Study
Problem Based Learning
Assessment Items
Examination: ClassIn class Test
Essays / Written AssignmentsMediation skills exercise and reflection
Essays / Written AssignmentsResearch Essay
Other: (please specify)Briefing notes for class
Contact HoursLecture: for 2 hour(s) per Week for Full Term
Tutorial: for 2 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or the Bachelor of Laws (Honours) and associated combined degree programs.
Timetables2015 Course Timetables for LAWS5032