FLP14 Family Dispute Resolution

What is this subject about?

This subject is focused around the various dispute resolution options available in family law.  Investigating and differentiating these options is crucial for a family law practitioner to give clients effective advice. The subject covers a broad range of dispute resolution options, including how parties can resolve their disputes themselves with the assistance of an independent third party, less adversarial trials, negotiation, mediation, conciliation and arbitration.

This skills based subject aims to focus on the use of mediation and other forms of dispute resolution in family law matters including how parties may resolve their disputes on their own ("self-managing”) or with the assistance of a third party (sometimes generically described as the “third party neutral"). Communication skills will also be considered.  Learning methods will include role plays, simulations and other means of learning by doing.  The skills will reflect the requirements of the Act, the Court Rules and the Family Court and the Federal Magistrates Court.

What will I learn while studying this subject?

At the end of this subject you will be able to:

• identify the advantages and disadvantages of various dispute resolution options and methods
• apply the requirements of the Family Law Act, the Family Court and the Federal Magistrates Court Rules in relation to various primary dispute resolution methods
• advise and represent a client who is going to participate in a mediation
• negotiate on behalf of a family law client
• communicate effectively with clients about the advantages and disadvantages of various primary dispute resolution methods in family law matters
• identify and resolve ethical and professional practice issues which arise in the conduct of family law matters involving dispute resolution

Topics in this subject will include:

• The family law dispute resolution spectrum
• The legislative framework
• Understanding disputes
• Less adversarial approaches: Magellan and less adversarial trials
• Negotiation
• Mediation
• Conciliation and arbitration
• Communication skills
• Issues of power and culture
• Processes designed for family law: child inclusive mediation, Legal Aid conferences and collaborative law
• Non-adversarial practice and family law: representing a client

How will I be assessed?

This subject has the following assessments:

• position interests and agenda (20%)
• advice relating to power imbalance (20%)
• written examination (60%)

If you enrol in this as a single subject on a non-award basis then you do not have to complete the assessment.