LAW4225 · Non-adversarial justice

Overview

This unit focuses on forms of problem-solving, dispute prevention and dispute resolution outside the adversarial system. It examines ways of lawyering that employ non-adversarial, psychologically beneficial and humanistic methods of solving legal problems, resolving legal disputes and preventing legal difficulties. Students will learn about a range of non-adversarial processes in both the civil and criminal justice systems and the theories behind them. A focus of student learning will be upon understanding when the use of such processes may be appropriate or inappropriate. The aim of teaching students this is to help them to understand the role that lawyers can play in preventing conflict and in providing non-adversarial means of conflict management or resolution. Students will be asked to reflect upon the role that lawyers can and do play in non-adversarial processes and upon the ethics of legal practice in such circumstances.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Compare, contrast and evaluate the adversarial and non-adversarial systems, including the rationales and needs for each system and their various functions.
2. Demonstrate understanding of the theoretical underpinnings and the nature of a range of non-adversarial processes in civil, criminal and family law processes.
3. Identify and critically analyse how lawyers can work ethically and effectively with non-adversarial processes.
4. Identify and discuss features of non-adversarial mechanisms, and evaluate their impact on lawyers, courts and the community.
5. Communicate effectively and persuasively both orally and in writing on issues relating to non-adversarial processes.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.