| Effective Term: | 2024/05 |
| Institute / School : | Institute of Innovation, Science & Sustainability |
| Unit Title: | Dispute Resolution Law |
| Unit ID: | BULAW3740 |
| Credit Points: | 15.00 |
| Prerequisite(s): | (BULAW2611) |
| Co-requisite(s): | Nil |
| Exclusion(s): | Nil |
| ASCED: | 090901 |
| Other Change: | |
| Brief description of the Unit |
This course examines methods of dispute resolution, and explores the fundamental principles of civil procedure. The first part of the course will focus on civil litigation (role of lawyers, courts and judges in proceedings, identification of jurisdiction, pleadings, discovery, interrogatories, interlocutory applications, enforcement, appeals and costs). The second part of the course will cover Alternative Dispute resolution, mainly negotiation and mediation. |
| Grade Scheme: | Graded (HD, D, C, P, MF, F, XF) |
| Work Experience Indicator: |
| No work experience |
| Placement Component: No |
| Supplementary Assessment:Yes |
| Where supplementary assessment is available a student must have failed overall in the Unit but gained a final mark of 45 per cent or above, has completed all major assessment tasks (including all sub-components where a task has multiple parts) as specified in the Unit Description and is not eligible for any other form of supplementary assessment |
| Course Level: |
| Level of Unit in Course | AQF Level(s) of Course | | 5 | 6 | 7 | 8 | 9 | 10 | | Introductory | | | | | | | | Intermediate | | | | | | | | Advanced | | |  | | | |
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| Learning Outcomes: |
| Knowledge: |
| K1. | Identify and understand the principles of dispute resolution |
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| K2. | Comprehend the adversary system and case management systems as well as a demonstrate knowledge of the court hierarchy in Victoria, jurisdictions of the courts, the relevant service rules and relevant forms in order to be able to initiate proceedings. |
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| K3. | Assess the strengths and weaknesses of dispute resolutions methods and be able to identify and select the most appropriate methods of dispute resolution in a given scenario, and knowledge of the relevant rules and processes to initiate proceedings to resolve the dispute. |
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| K4. | Critically evaluate the civil procedure system and identify areas for reform. |
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| Skills: |
| S1. | Analyse the legal problems emerging from a specific case scenarios, and provide advice as to the options of resolving the dispute. |
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| S2. | Conduct legal research and communicate legal reasoning in written and verbal form. |
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| S3. | Recognise and reflect on the professional responsibilities in promoting justice and ethical issues which may arise within a professional context. |
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| S4. | Critical thinking, problem solving and creative thinking skills. |
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| S5. | Verbal communication and team-working through dispute resolution simulations. |
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| S6. | Analyse and evaluate civil dispute factual scenarios and provide advice (both written and verbal) as to the options of resolving the dispute. |
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| Application of knowledge and skills: |
| A1. | Apply legal theory to a range of scenario analyses. |
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| A2. | Integrate social, environmental, sustainability, ethical and economic perspectives into a business context. |
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| A3. | Use initiative and judgment to research and analyse legal issues that involve specific and relevant types of law. |
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| Unit Content: |
Topics may include: 1.Litigation Systems 2.Introduction to court adjudication (litigation) and dispute resolution (purpose and processes) 3.Jurisdiction and Instituting Proceedings 4.Appearance, parties, joinder actions 5.Pleadings and Summary Dispositions 6.Discovery, Evidence and Affidavits 7.Interlocutory Proceedings 8.Disposition, Trial and Appeals 9.Costs and Enforcement 10.Negotiation process 11.Mediation process 12.Conciliation and Arbitration 13.ADR strengths and weaknesses 14.Lawyer Ethics |
| Graduate Attributes: |
| | Learning Outcomes Assessed | Assessment Tasks | Assessment Type | Weighting | | 1. | K1, K2, K3, K4, S1, S2, S3, S4, S6, A1, A2, A3 | Individual Written Assessment
| Assignment
| 10-20% | | 2. | K1, K2, K3, S1, S2, S4, S5, S6, A1, A2, A3 | Group Presentation/Verbal Assessment
| Presentation | 20-30% | | 3. | K1, K2, K3, K4, S1, S2, S3, S4, S6, A1, A2 | Supervised examination
| Examination
| 50-70%
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