Dispute Management G (11432.2)

This unit deals with dispute management processes in the justice system. It places dispute management 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 negotiation; mediation, conciliation, adjudication, arbitration and hybrid methods, that is required for professional practice. This unit will require students to design a dispute management process that addresses the requirements of particular types of disputes.

Learning outcomes

After successful completion of this unit, students will be able to:
1. Critically analyse different types of dispute resolution processes;
2. Apply dispute resolution knowledge and practical skills to conduct dispute resolution processes with a high level of personal autonomy;
3. Identify and reflect on professional standards and ethical issues related to dispute resolution processes, including the role of legal and dispute resolution practitioners; and
4. Model reflective practice and examine opportunities for personal learning and improvement that contribute to professional practice.

Graduate attributes

1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - communicate effectively
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - evaluate and adopt new technology
2. UC graduates are global citizens - think globally about issues in their profession
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
4. UC 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
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - communicate and engage with Indigenous Australians in ethical and culturally respectful ways

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 managing disputes and the role of lawyers within that concept, in both voluntary/commercial situations (such as voluntary mediation) and court-referred circumstances. The Unit also emphasises 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 without court intervention.

Prerequisites

11751 Legal Methods and Skills G AND 11752 Legal Systems G

Corequisites

This unit is only available to students in the Juris Doctor, Master of Laws, Master of Legal Studies and Graduate Diploma in Legal Studies courses.

Incompatible units

11252 Dispute Management

Equivalent units

9423 Alternative Dispute Resolution in Law G

Assumed knowledge

None.