Course overview
The aim of this course is to provide students with knowledge and skills sufficient to resolve civil disputes through a range of dispute resolution strategies including negotiation and mediation and also, where necessary, to understand and apply the relevant Civil Rules to the litigation of a civil matter in the courts. The course includes: Civil justice and the dispute resolution framework; Principles and practice concerning the resolution of civil disputes including negotiation and mediation; Contemporary developments in dispute resolution including online dispute resolution and mass settlement schemes; Jurisdiction; Pre-action steps and parties; Pleadings; Disclosure and production of documents; Confidentiality and Privilege; accessing further information; subpoenas; Pre-trial steps; Trial, judgment and costs; Appeal, re-litigation and enforcement.
Course learning outcomes
- Articulate the civil justice system in Australia, the role of the legal practitioner in the dispute resolution process and the ethical obligations that must be discharged;
- Reflect on and review the merits of a case to recommend dispute resolution strategies that can be used to ethically, effectively and fairly to resolve civil disputes along with options for reducing costs.
- Analyse and evaluate matters related to dispute resolution process including the role of parties, jurisdiction, costs, civil litigation procedures, case management and finality of agreements, settlements or decisions;
- Plan and model participation in an alternative dispute resolution process which involves mediation, conciliation or arbitration;
- Examine the role of other key players in the dispute resolution process including the courts, the judges, mediators, conciliators, and experts;
- Draft pre-action and court documents in the civil litigation process to formulate and communicate solutions to dispute resolution problems.
- Identify and comply with costs obligations and responsibilities under the Uniform Civil Rules 2020 (SA) and develop skills in applications occurring within the civil litigation process.