LAW5462 Non-adversarial practice
Faculty of Law
LAW5462 Non-adversarial practice is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2022. It has no prerequisites.
- Credit points
- 6
- Offered in 2022
- Not offered
- Assessment
- Exam 40%
- and 2 other tasks
This is the 2022 handbook entry. See the 2024 entry.
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Requisites
Before LAW5462
No prerequisites or corequisites besides the enrolment rules below.
After LAW5462
No unit lists LAW5462 as a prerequisite in the 2022 handbook.
Enrolment rules
Overview
This is a big-picture unit, focusing on process in the civil, criminal and family law justice systems. It examines methods of legal practice 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 and ideas including therapeutic jurisprudence, Alternative Dispute Resolution, restorative justice, preventive law, solution-focused or problem oriented courts.
The unit will provide opportunities for work integrated learning, enabling students to integrate theory with the practice of work in real life settings. A focus of learning will be upon skills development for legal practice, including understanding when the use of processes may be appropriate or inappropriate. The aim is to help students to understand the role that lawyers can play in preventing conflict and in providing non-adversarial means of problem management.
Offerings in 2022
The 2022 handbook lists no offerings for LAW5462.
Assessment
- Class participationParticipation10%
- Take home exam40%
- Assignment50%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Describe and evaluate the nature of non-adversarial justice, the theories behind the movement and the reasons for the perceived need for non-adversarial processes in the civil and criminal justice systems;
- 2
Evaluate when adversarial and non-adversarial processes are appropriate or inappropriate in particular cases in both the civil and criminal justice systems (including in the family law system);
- 3
Demonstrate skills and knowledge of how lawyers can work effectively with non-adversarial processes;
- 4
Comprehend and evaluate appropriate ethical standards of conduct of lawyers and other professionals working with non-adversarial processes;
- 5
Communicate effectively and persuasively both orally and in writing on issues relating to non-adversarial processes, especially to a non-expert audience;
- 6
Demonstrate skills in observation and critical analysis of legal processes including making recommendations for changes or law reform.
Workload and teaching
- Workshops24 hours
- Teaching approachActive learning
Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5462 is part of 1 area of study in the 2022 handbook.
Common questions
What are the prerequisites for LAW5462?
LAW5462 has no prerequisites, but enrolment rules apply.
When is LAW5462 offered?
LAW5462 has no offerings listed in the 2022 handbook.
Does LAW5462 have an exam?
Yes. The exam is worth 40% of the final mark, alongside 2 other tasks.
Which majors and minors include LAW5462?
LAW5462 is part of Dispute resolution.