Civil Procedure and Alternative Dispute Resolution
Overview
This unit examines and analyses the law relating to the resolution of civil disputes between two or more parties. It focuses on the role of lawyers, courts and judges in the resolution of civil law disputes and the stages of civil proceedings including the identification of jurisdiction, the initiation of proceedings, service, pleadings, the acquisition and use of evidence, judgement, the right to appeal and costs. The unit examines alternative forms of dispute resolution (ADR) such as arbitration and mediation as well as the science of negotiation and persuasion.
Requisites
Rule
150 credit points in Law
26-May-2024
06-October-2024
01-June-2025
Learning outcomes
Students who successfully complete this unit will be able to:
- Describe and evaluate a civil procedural laws and related policies
- Identify a civil dispute between two or more parties and exercise judgment and responsibility in advising upon the most appropriate avenues for resolving that dispute
- Apply the law of civil procedure and alternative dispute resolution to factual situations and effectively communicate with clients and others about their rights and obligations in those factual situations
- Analyse and critique current perspectives and developments in Australian civil procedure and alternative dispute resolution
- Conduct civil procedure and alternative dispute resolution research independently and in groups and use the results of that research to reach well-reasoned conclusions
Teaching methods
Hawthorn
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| On-campus Class | 3.00 | 12 weeks | 36 |
| Online Lecture | 1.00 | 12 weeks | 12 |
| Unspecified Activities Independent Learning | 8.50 | 12 weeks | 102 |
| TOTAL | 150 |
Swinburne Online
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Online Directed Online Learning and Independent Learning | 11.50 | 12 weeks | 138 |
| Live Online Class | 1.00 | 12 weeks | 12 |
| TOTAL | 150 |
Assessment
| Type | Task | Weighting | ULO's |
|---|---|---|---|
| Essay | Individual | 5 - 15% | 1,2,3,4 |
| Examination | Individual | 50 - 70% | 1,2,3,4 |
| Presentation | Group | 25 - 35% | 1,2,3,4,5 |
Content
Topics will include:
- Jurisdiction
- Managing litigation under an adversarial system
- Commencing and conducting proceedings
- Parties and causes of action
- Pleadings
- Obtaining and using evidence
- Trial
- Judgment and enforcement
- Appeal
- Costs
- Mediation
- Arbitration
- Negotiation and persuasion
- Class actions
Study resources
Reading materials
A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.