730-113 Dispute Resolution

Legal Method and Reasoning or equivalent.

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 judgement. The reasons for these various outcomes will be considered. The main stages of the civil litigation process will be analysed, and students will acquire 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.

Dispute Resolution Skills Exercise 1250 words 10% (due week 5), a written assignment 2250 words 20% (due week 9) and a final open book examination two hours 70%

Printed materials will be issued by the Faculty of Law

• Hunter, Cameron and Henning, Litigation: Evidence and Procedure (Volume 1). Lexis-Nexis Butterworths 2005.
• Supreme Court, (General Civil Procedure). Rules 2005.