LAW5410 - Collaborative practice - 2019

This unit provides a comprehensive overview of collaborative dispute resolution, a non-adversarial approach to resolving disputes, whereby the parties, their lawyers and other experts enter into a formal agreement to focus on settlement rather than litigation. If the dispute is not resolved and proceeds to litigation, the lawyers who are engaged in the collaborative process must withdraw. Collaborative law has been practised overseas for many years and has been used in Australia since 2006.

This unit has a practical focus and includes a series of interactive simulation exercises which encourage students to integrate their skills and to become aware of their own personal style as well as the values, attitudes and cultural influences that they bring to the resolution of conflicts. It also encourages students to consider other styles they can access, as appropriate. It assumes some basic understanding of negotiation processes and skills but does not assume any prior legal training or legal knowledge.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to collaborative dispute resolution, with creativity and initiative, to new situations in professional practice.
• Investigate, analyse and synthesise critical issues and major trends in conflict resolution policy and theory.
• Conduct research in collaborative dispute resolution based on knowledge of appropriate research principles and methods.
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the importance and diversity of collaborative dispute resolution in society today.

One research assignment (3,750 words): 50%

One take-home problem-based(3,750 words): 50%

24 contact hours per teaching period (either intensive, semi intensive or semester long, depending on the Faculty resources, timetabling and requirements)