LLAW3241 Dispute Management

2019

4.5

Semester
1 x 2-hour seminar weekly

Non-Semester
4 x 6-hour intensive workshops per semester

1 Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1c Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1d Admission into BLAWSH-Bachelor of Laws (Honours)
1e Admission into BLAWS-Bachelor of Laws
1f Admission into DIPLAW-Diploma in Laws
1g Admission into BLLAW-Bachelor of Laws
1h Admission into BLLAWH-Bachelor of Laws (Honours)
1i Admission into DIPLAWFP-Diploma in Laws
1j Admission into BLLAWFP-Bachelor of Laws
1k Admission into BLLAWHFP-Bachelor of Laws (Honours)
1l Admission into CLAWBU-Bachelor of Laws/Bachelor of Business
1m Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science
1n Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology
1o Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting
1p Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology
1q Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
1r Admission into CLAWHIT-B Laws (Hons)/B Information Technology
1s Admission into CLAWHAC-B Laws (Hons)/B Accounting
1t Admission into CLAWHCR-B Laws (Hons)/B Criminology
1u Admission into CLAWHBU-B Laws (Hons)/B Business
2 ^ 1 of LLAW1312, LLAW1211
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i or 1j or 1k or 1l or 1m or 1n or 1o or 1p or 1q or 1r or 1s or 1t or 1u) and 2)

1 of LLAW1324, LLAW3067 has been successfully completed

Minimum 2 hrs independent study weekly

This topic explores the nature of conflict and different ways of dealing with it once it has materialised into a dispute. Drawing on Australian and international examples, this topic examines the causes of conflict and frameworks for analysing disputes that are practically and theoretically informed. After introducing the broad scope of dispute management and conflict resolution, this topic explores theories of negotiation, when arbitration may be appropriate, the use of conciliation in workplace dispute, models of mediation and the role of culture in disputing. Case studies and problem-based scenarios will be incorporated to enhance discussion and skill building. Importantly, this topic analyses methods for resolving disputes ranging from litigation to alternative forms of dispute resolution, such as mediation and negotiation. Identifying and practising dispute management skills, particularly those relevant to negotiation and mediation, will be a significant part of the weekly workshops.

This topic aims to assist students to:

• think critically about the management of disputes in light of legal, business, organisational, institutional, interpersonal and ethical constraints
• analyse disputes from a range of theoretically and practically informed perspectives
• apply a range of dispute management skills, particularly those relevant to negotiation and mediation

On successful completion of this topic, students will have knowledge and skills in:

• describing the nature of conflict and the various ways in which disputes can be handled
• understanding the theoretical basis for the various approaches to the resolution of disputes and the connection to other disciplines
• identifying the sources of conflict in a given situation and hypothesising the most appropriate dispute resolution method for dealing with it
• understanding the role of conflict in society and within an organisation
• being aware of respondin appropriately to the ethical issues facing dispute resolution professionals
• describing alternative dispute resolution and its critiques in the management of disputes in Australia
• implementing a range of dispute management techniques, particularly those relevant to negotiation and mediation, in an ethical fashion
• in the workshops, practising the interpersonal skills and collaboration necessary for the successful resolution of disputes as both a first and third party
• practising skills in clear written and oral communication
• be able to conduct independent research utilising inter alia international scholarly texts