Course overview
The Anglo Australian legal system prioritises the trial as the pinnacle of legal dispute resolution. In reality, court trials occur in only a minute percentage of cases and are ill suited to sorting out real problems between real people. Alternative Dispute Resolution brings legal problem solving into the 21st century, looking at the psychology, dynamics, behaviours, motives, and human perspectives that inform disputes. The course covers a broad range of contexts: environmental, Indigenous, criminal, civil, international, human rights, commercial, discrimination, construction, neighbourhood, and family. It explores the different models that are used to identify and manage disputes and critiques the justice implications of court and non-court based models. Students will gain a strong practical grounding exercising skill through live roleplay, interaction with guest facilitators, and creation of dispute resolution models for different contexts. The course takes a multidisciplinary approach, with a socially ethical orientation. It introduces students to the theory and skills of dispute management and resolution that they will encounter in professional life.
Course learning outcomes
- Demonstrate knowledge of the social relevance and historical context of DR models in Western and other social contexts; Capacity to identify and analyse the complex drivers of dispute behaviour in the community; active reflection of the theoretical models of dispute resolution and capacity to analyse their operation in both legal and social contexts
- Capacity to engage in advanced dispute resolution systems design; Ability to adaptively apply ADR theory in varied practical contexts, including international, industrial, and socio political
- Demonstrate sophisticated understanding of the ethical and legal ethical issues surrounding Dispute Resolution models and practice, demonstrated through written verbal and roleplay communication.
- Conduct a mediation roleplay exercise in role as mediator demonstrating effective communication and dispute resolution skills.
- Apply the contextual and interpersonal dimensions of human needs theory in written verbal and active evaluation of complex ADR scenarios.
- Demonstrate interpersonal and relational communication skills in diverse roleplay and evaluative exercises in workshops.