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Unit of Study LAW00215 - Dispute Resolution and Aboriginal Communities (2017)

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Unit Snapshot

  • Enrolment information

    N/A

Unit description

Introduces students to dispute resolution methods used in both Aboriginal and non-Aboriginal communities, particularly negotiation, mediation and facilitation. Discusses customary Indigenous conflict management methods, such as the prun. Considers the appropriateness and effectiveness of dispute resolution methods and models in Aboriginal communities, including their use in native title and criminal matters.

Unit content

Topic 1: Definitions and concepts
Topic 2: Negotiation and Aboriginal communities
Topic 3: Mediation and Aboriginal communities
Topic 4: The Prun - Indigenous conflict management (part 1)
Topic 5: The Prun - Indigenous conflict management (part 2)
Topic 6: Understanding native title mediation - the legal and administrative framework
Topic 7: A critique of native title mediation and proposed dispute resolution models for native title
Topic 8: Mediation practice in Aboriginal communities
Topic 9: Alternative dispute resolution and Aboriginal family violence
Topic 10: Alternatives in the criminal justice system

Availabilities

Location Domestic International
Online Session 1 N/A

Learning outcomes and graduate attributes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
Learning outcome count Learning outcome description GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 list the various methods of dispute resolution and outline their use in Aboriginal communities
2 restate the theory and practice of negotiation, mediation, facilitation as they relate to Aboriginal communities
3 summarise customary practices of conflict management, including the prun, as well as contemporary models that draw on customary practices
4 recognise conflict in Aboriginal contexts and select appropriate dispute resolution methods for such conflict
5 outline the legal framework for the use of alternative dispute resolution in native title matters and examine the dispute resolution issues facing Aboriginal parties
6 explain the issues involved in the application of alternative dispute resolution to family violence involving Aboriginal people
7 discuss the issues involved in the application of alternative dispute resolution to criminal matters involving Aboriginal people.

On completion of this unit, students should be able to:

  1. list the various methods of dispute resolution and outline their use in Aboriginal communities
    • GA4:
    • GA7:
  2. restate the theory and practice of negotiation, mediation, facilitation as they relate to Aboriginal communities
    • GA4:
    • GA7:
  3. summarise customary practices of conflict management, including the prun, as well as contemporary models that draw on customary practices
    • GA4:
    • GA6:
    • GA7:
  4. recognise conflict in Aboriginal contexts and select appropriate dispute resolution methods for such conflict
    • GA4:
    • GA6:
    • GA7:
  5. outline the legal framework for the use of alternative dispute resolution in native title matters and examine the dispute resolution issues facing Aboriginal parties
    • GA4:
    • GA6:
    • GA7:
  6. explain the issues involved in the application of alternative dispute resolution to family violence involving Aboriginal people
    • GA4:
    • GA7:
  7. discuss the issues involved in the application of alternative dispute resolution to criminal matters involving Aboriginal people.
    • GA4:
    • GA7:

Prescribed learning resources

Prescribed Texts
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Prescribed Learning Resources may change in future Teaching Periods.