ABOUT DISPUTE RESOLUTION

With more and more disputes being resolved before trial, dispute resolution training is a great skill for practitioners to have.

A Mediation or Dispute Resolution qualification can help you broaden your professional communication skills – or even assist you in a career change. 

The College offers:

• LLM (Applied Law) majoring in Dispute Resolution
• Nationally Accredited Mediator Training Program
• Graduate Diploma or LLM (Applied Law) majoring in Family Dispute Resolution Practice  

Subjects

DRP1 Foundations of Dispute Resolution

Dispute resolution is essential for legal practice no matter the area of law in which you practice. It is in increasing demand as parties explore and seek different avenues to resolve their disputes. Lawyers must be familiar with the varieties of dispute resolution avenues available to their clients and competently advise their clients through the process. This subject forms the foundation to the ADRP Dispute Resolution Practice major setting students up with the knowledge required for practice in their area.

This subject will have a strong problem-solving and experiential focus, and allow students to put their knowledge into practice through role-plays and case studies.

Topics

• Dispute resolution paradigm
• Contexts for dispute resolution
• Factors within disputes resolution
• Common tools in dispute resolution
• Written and oral communication in dispute resolution
• Interpersonal skills in dispute resolution
• Processes: Negotiation, mediation and conciliation
• Processes: Expert determination, neutral evaluation and arbitration
• Processes: Collaborative law and litigation, and finalising resolution agreements

DRP2 Negotiation

All lawyers and mediators negotiate – this applies equally to litigation lawyers, to mediators and to commercial lawyers. This subject is relevant to lawyers and mediators of all discipline.

Topics

• Explaining negotiation
• Exploring the models of negotiation
• Preparing effectively for a negotiation
• Implementing the negotiation plan
• Applying the critical communication skills to an oral negotiation
• Applying the critical communication skills to a written negotiation
• Managing challenging issues in negotiations
• Negotiating ethically

DRP3 Advocacy

Advocacy skills are key for all lawyers. The ability to be able to persuasively put forward your client’s position is key, whether inside or outside the courtroom.

This subject is a skills-based subject, focused on developing your skill at preparation and argument. You will participate in various exercises such as presenting an opening statement, examination-in-chief, cross-examination, re-examination and argument. Throughout the workshop you will be provided feedback from senior practitioners and the opportunity to practise and hone your skills. Strong emphasis is placed on teaching you the skills of preparation which will make you a successful advocate, inside or outside the courtroom.

This is a general advocacy subject which will have direct practical relevance to you, regardless of your area of practice. Please note: This subject is intensive with a compulsory face-to-face workshop.

Topics

• Fundamentals of advocacy
• The opening address
• Examination-in-chief, cross-examination and re-examination
• The closing address
• Techniques in questioning
• Structure of arguments and techniques of argument
• Communication in court

DRP4 Mediation

This subject discusses where mediation sits on the dispute resolution spectrum and how the process assists in the resolution of disputes. The mediation process and the skills used by mediators within the mediation process, are also discussed.

This is an intensive subject with pre-work followed by a compulsory four day intensive workshop.

This course structure satisfies the requirements under the NAMS. An additional workshop and assessment may be undertaken in order to be eligible to apply to become a Nationally Accredited Mediator.

Topics

• The dispute resolution spectrum
• Conflict analysis and pre-mediation preparation
• Mediation models and processes
• Communication skills in mediation
• Facilitative mediation
• Mediating a matter

DRP00 Capstone Project

The Capstone Project is taken as your final subject, as a culmination of the knowledge and skills attained throughout your major. It will allow you to demonstrate your skills in a specialist practice area using real-life scenarios and case studies.

Throughout the intake, you will receive individualised feedback from your lecturer and will also have access to a rich array of skills modules that include guides, samples, and practice exercises for honing your legal skills.

The highlight of the Capstone Project is the final task, where you will prepare a Final Portfolio that demonstrates your legal writing, research, and oral skills.

The subject has four components:

• Four short answer questions
• Two legal writing samples
• Oral communication (e.g. client interview) assessment held through online conferencing
• Reflective analysis of oral communication

Advisory Board Laurence Boulle Professor, Australian Catholic University David Fairlie General Counsel, Competitive Foods Australia Pty Ltd David Francis Principal, Francis Commercial Lawyers Linda Kochanski Practice Leader for Dispute Resolution Programs, The College of Law Florence Thum Lecturer, The College of Law Mary Walker Barrister

Teaching Staff Linda Kochanski Practice Leader for Dispute Resolution Programs, The College of Law Florence Thum Lecturer, The College of Law

MEDIATION PROGRAMS

Organisations are increasingly seeking out NMAS accredited mediators.

If you’re interested in becoming an accredited mediator under the national Mediator Accreditation System, you can undertake the College’s program including the workshop and assessment.

The program takes place over four days including a weekend. The workshop and assessment are held over 1.5 days.

Nationally Accredited Mediators are eligible for advanced standing in DRP4 Mediation.

Find a Mediator Training Program

family dispute resolution practice (FDRP)

The College of Law also offers a Graduate Diploma of Family Dispute Resolution Practice and a Master of Laws (Applied Law) majoring in Family Dispute Resolution Practice. Find out more about our FDRP offerings.

Further Reading

A day in the life of a dispute resolution practitioner

How mediation techniques can help lawyers

Linda Kochanski wins FDRP of the Year and ADR Academic of the Year

Find Out More

Download the Applied Law handbook

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