Lwb498

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LWB 498
Dispute Resolution Practice

Exam Notes

2010 Sem 1
Ann Jobson

2010 Sem 1

Table of Contents
Week 1 – Introduction and the spectrum of disputes15
Historical origins of dispute resolution15
Aboriginal dispute resolution methods15
The evolution of dispute resolution practice15
What is alternative dispute resolution?16
The spectrum of dispute resolution options16
How does the spectrum work?17
Variables in the spectrum18
A critical perspective on the spectrum19
Types of dispute resolution processes – as included in the continuum19
Negotiation19
Mediation19
Conciliation21
Case appraisal21
Med-arb23
Arbitration23
Litigation24
Forums for Dispute Resolution24
Civil Disputes in Queensland25
“Mediation”25
Workplace and Industrial Disputes27
Employer/employee disputes27
Disputes between employees28
Queensland Industrial Relations Commission28
Discrimination and Harassment Disputes29
Queensland Anti-Discrimination Commission30
Background30
What is a conciliation conference?30
Who can come to the conference?31
What does the conciliator do?31
What happens at the conference?31
How can I prepare for the conference?32
Checklist32
The use of conciliation in the Queensland Industrial Relations Commission and Queensland Anti-Discrimination Commission33
Consumer Disputes33
Neighborhood disputes34
Week 2 – A critical Examination of the adversarial system37
The rule of law and upholding legal rights37
What are our international obligations?38
Procedural Legality39
Liberalism39
What are the historical origins of our adversarial system?40
What is litigation ?41
What is the adversarial system42
Definition from within the study guide42
What are the characteristics of the adversarial system42
What is the inquisitorial system?48
The ideology of the inquisitorial system being an “inquest”49
The operation of a tribunal50
The evolving nature of the adversarial system50
Will we ever have a fully inquisitorial system51
Litigants in person51
What are the advantages and disadvantages of litigation?52
Advantages of Litigation52
Disadvantages of litigation53
What type of cases are suitable ONLY for litigation?54
Why may a client want to avoid litigation?55
Why may a client want to avoid litigation?55
What are the challenges of self-representation55
What are some concerns with “alternative” dispute resolution56
Week 3 - Negotiation57
What is negotiation?57
Advantages and disadvantages of negotiation57
Elements of negotiation:58
What knowledge helps to become a good negotiator?58
What interpersonal skills does a good negotiator have?58
Negotiation as a skill59
b.Key skills in negotiation include59
c.Why are negotiation skills important60
d.Bridging gaps in negotiation61
e.Inequality of bargaining power in negotiations61
Negotiation as a process62
What are the advantages of negotiation?62
Theories and models of negotiation62
Adversarial Negotiation62
Integrative negotiation64
Distributive negotiation65
Principled negotiation66
What are some of the limitations of this model?68
f.In practice68
Addendum to the principled model68
The stages of negotiation68
What mediums can we use to negotiate?70
a.The advantages of in-person negotiation70
b.The disadvantages of in-person negotiation70
Ethical obligations71
a.Duty to client71
b.Communications71
c.Communications with an opponent71
d.Duty to opponent71
Bridging the last gap72
Inequality of bargaining power in negotiations72
Negotiation structures to use in practice73
Some Approaches to Negotiation74
Hard v soft negotiators74
The influence of power74
Critical Perspectives on Negotiation74
Gender and negotiation74
Week 4 – Mediation76
BATNA and WATNA76
History of mediation77...
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