LLAW3241 Dispute Management

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

1. Describe the nature of conflict and the various ways in which disputes can be handled
2. Understand the theoretical basis for the various approaches to the resolution of disputes and the connection to other disciplines
3. Identify the sources of conflict in a given situation and hypothesising the most appropriate dispute resolution method for dealing with it
4. Understand the role of conflict in society and within an organisation
5. Be aware of responding appropriately to the ethical issues facing dispute resolution professionals
6. Describe alternative dispute resolution and its critiques in the management of disputes in Australia
7. Implement a range of dispute management techniques, particularly those relevant to negotiation and mediation, in an ethical fashion
8. Demosntrate interpersonal skills and collaboration necessary for the successful resolution of disputes as both a first and third party
9. Demonstrate skills in clear written and oral communication
10. Conduct independent research utilising inter alia international scholarly texts