Theories in Dispute Resolution

This course will critically discuss and analyse the nature and causes of conflict and various theories of dispute resolution to better equip legal practitioners and stakeholders in their roles as dispute resolvers and advisers. The course will examine dispute resolution processes used in civil, criminal and international contexts.

This course provides an overview of dispute resolution processes (with a focus on non-litigation dispute resolution processes), including negotiation, facilitation, mediation, conciliation, case appraisal, expert determination and arbitration. These processes will be discussed and compared with respect to their purpose and justifications as part of the Australian justice system. More generally, the course will also examine emerging and significant theories underlying dispute resolution practice and conflict analysis and will provide a critical response to traditional Western liberal ideas such as the rule of law and adversarial justice. While the course is interactive and features a variety of learning activities including discussion and class dialogue, role play simulations and pre-recorded lectures, it is not a skills course and does not teach particular models or processes in detail. The course is useful for anyone working with people in conflict, for example for legal practitioners, HR managers, business consultants, social workers and government officers.