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.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Describe and evaluate a civil procedural laws and related policies
2. 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
3. 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
4. Analyse and critique current perspectives and developments in Australian civil procedure and alternative dispute resolution
5. 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

Assessment

Content