This expert graduate course provides a thorough theoretical and practical grounding in dispute resolution and develops the advanced professional skills and specialist knowledge required for working as a dispute resolution practitioner, including as an arbitrator, mediator or other dispute resolution practitioner. It is suitable for graduates interested in developing or enhancing specialist careers in dispute resolution.
Students investigate contemporary issues in law, practice and scholarship, and evaluate complex issues relevant to the field from theoretical, international and interdisciplinary perspectives. The course enhances students' capacity to undertake independent research, and includes options for a pathway to doctoral studies.
These course outcomes are aligned with the Australian Qualifications Framework level 9 and Monash Graduate AttributesAustralian Qualifications Framework level 9 and Monash Graduate Attributes (http://www.monash.edu.au/pubs/handbooks/alignmentofoutcomes.html).
Upon successful completion of this course it is expected that students will be able to:
- demonstrate mastery of theoretical knowledge and recent developments in areas of dispute resolution and the practice of dispute resolution
- apply theories, knowledge and skills to different areas of dispute resolution or to new situations in practice or scholarship in dispute resolution
- design, evaluate, implement, analyse and theorise about developments that contribute to global professional practice or scholarship
- explain and justify arguments, methods, and conclusions to legal and lay audiences
- apply with integrity appropriate research principles and methods to plan, carry out and report on an original project
- demonstrate high level personal autonomy and judgment.
Credit for prior studies
Students may be eligible for credit for up to 25 per cent of the course (12 points) for previous master's level studies in law. Students who have completed an independent research project in a bachelor of law honours degree may be exempted from the master's research unit but must still complete 48 points of level 5 units.
The course is structured in two parts: Part A. Dispute resolution knowledge and Part B. Extending specialist knowledge electives and research. All students complete Part A and Part B.
Note that if you are eligible for credit for prior studies you may elect not to receive the credit.
Part A. Dispute resolution knowledge
The studies enable you to develop specialised knowledge and advanced skills in areas of dispute resolution that suit your interests, skills and career goals.
Part B. Extending specialist knowledge and research
These studies will provide you with in-depth knowledge of a wide range of areas of dispute resolution. You will be able to focus on sources of information relevant to dispute resolution and the application of research methods and specialist discipline knowledge and skills necessary to support law-related work the field. Depending on your interests and motivation, you can choose a program of study in which you plan and execute a major research-based project with a high level of personal autonomy and accountability.
The course comprises 48 points structured into two parts: Part A. Extending specialist knowledge and research (30 points) and Part B. Dispute resolution research and knowledge (18 points).
The course progression mapcourse progression map (http://www.monash.edu.au/pubs/2018handbooks/maps/map-l6011.pdf) will assist you to plan to meet the course requirements, and guidance on unit enrolment for each semester of study.
Units are 6 credit points unless otherwise stated.
Part A. Dispute resolution knowledge (30 points)
Students complete a. and b. below:
a. the following unit:
- LAW5080 Australian legal system or LAW5081 Australian legal process and research*
b. a minimum of four units chosen from those listed below; not all units are offered every year:
Dispute resolution in the courts
- LAW5310 Sentencing
- LAW5355 Advocacy: Theory and practice
- LAW5395 Arbitration of domestic commercial disputes
- LAW5381 Human rights advocacy: Australian law and practice
- LAW5430 Advanced evidence and proof in litigation
- LAW5443 Language, communication and legal process
- LAW5453 Comparative conflict of laws
Alternative dispute resolution
- LAW5411 Advanced mediation: Skills and theory A
- LAW5412 Advanced mediation: Skills and theory B
- LAW5410 Collaborative practice
- LAW5421 Managing high conflict personalities in legal disputes
- LAW5315 Commercial alternative dispute resolution
- LAW5344 Negotiation: Essential skills for dispute resolution
- LAW5375 Arbitration of international commercial disputes
Part B. Extending specialist knowledge electives and research* (18 points)
Students complete 18 points across a. and b. below:
a. 6 or 12 points of elective law units chosen from:
- Part A above
- the dispute resolution electives listed below
- any unit from the general list of level 5 law units, except those only offered in L6005 Master of Laws (Juris Doctor)
b. The remaining 6 or 12 points of research studies in dispute resolutions from the following:
- LAW5082 Masters research (6 points)
- LAW5083 Extended research (12 points)**
Dispute resolution electives
Not all units are offered every year.
- LAW5303 Forensic family law
- LAW5308 Current issues in evidence
- LAW5334 Psychiatry, psychology and law
- LAW5335 Contemporary problems in the administration of criminal justice
- LAW5360 Advanced conflict resolution skills
- LAW5381 Human rights advocacy: Australian law and practice
- LAW5387 Non-adversarial family and children's law
- LAW5408 Remedies in commercial disputes
- LAW5418 Transitional justice
- LAW5423 Private international law in commercial disputes
- LAW5429 Advanced commercial negotiation skills
- LAW5440 International commercial dispute resolution advocacy
- LAW5449 Advanced administrative law
- LAW5453 Comparative international litigation
- LAW5601 Comparative remedies
- LAW5605 Comparative dispute resolution
- LAW5608 Transnational litigation
Students may exit this course early and apply to graduate with the following award, provided they have satisfied the requirements indicated for that award during their enrolment in this master's course:
- Graduate Certificate in Law after successful completion of 24 points of study with a minimum of 18 credit points at level 4 or above.
Progression to further studies
Students taking the course as a pathway to doctoral studies are advised to take the extended research option which is a pathway to a higher degree by research.