Dispute Mangement Notes

Assessment Due Date: June 16 (next week)
Quiz 1 Coming Up: Sample question and answers will be reviewed shortly.
Abstract Submission:
- Closes next week on June 16.
- Rubric: Follow the task sheet requirements.
- Submission Format: Headings, bullet points, or paragraphs are acceptable in a Word document.
- Referencing: Focus on theory and the text; a few references are fine.
- Submission Status: About a dozen students have submitted their abstracts.
Abstract Marking:
- Goal: Complete marking by June 30.
- Marks Release: Ongoing as submissions are marked.
Case Study and CADMAs:
- CADMAs is not a requirement.
- Use the same format as the abstract (Word document) for consistency.
- Follow the task sheet for the case study.
- If people have done it in the Cadmus format, they won't be penalized.
Quiz 1:
- Details available on the assessment tab.
- Sample questions and answers will be reviewed today.
Zoom Drop-In Time: Changed to Tuesday evenings at 7:30 PM.
- Email for alternative arrangements.
Answers to Last Week's Tutorial: Will be released after the abstract closes on June 16 to avoid giving an unfair advantage. Some students are using that case study as part of their abstract.

Non-Indigenous Communities: Had their own inherent custom laws.
English Common Law System: Adopted with an adversarial approach.
1970s and 1980s: Moved towards an American model and other processes.
Advisory Boards: QCAT (Queensland Civil Administrative Tribunal) and other tribunals.
Legal Aid and Advocacy Centers: Avenues for those who can't afford legal representation.
Conciliation: Existed since 1901.
Mediation and Other Processes: Became mainstream for managing disputes.
Senior Executive Appraisal Mediation: Structured, voluntary, non-binding; each side presents a summary of their case to senior officials.
Independent Expert Appraisal Mediation: Triadic process with an independent expert providing an opinion.

Structured, Voluntary, and Non-Binding Process:
Each side presents an abbreviated case summary.
Mediator:
- A neutral advisor.
- Provides an advisory opinion on likely outcomes.
- Example: Retired Judge serving as mediator. Input can give both parties an estimate for potential judgement likelihood, pushing for resolution in the mediation phase.

More of a triadic process
Parties select an independent unbiased appraiser to formulate an opinion on the matter.
Example: An independent barrister providing objective opinion on the issues and the claim's likelihood of success. Parties generally agree to the assessment and accept advice.

Block of Land Dispute
- Young couple bought a land off the plan. The house has been built on the wrong block.
- Subdivision expert comes and say block 23 is worth X amount, and block 23 is now worth this amount.
Resolution
- Have the developer cover the legal costs associated with fixing the issue.
- Do a swap, with the person who benefits from the new block of land paying the party the difference in value.

Confidentiality:
- Encourages negotiation with full and frank disclosure.
- Protects parties from information being used against them in court.
Voluntariness:
- Parties participate in good faith.
- Aimed at preventing trials.
Empowerment or Self-Determination:
- Parties maintain control and certainty, avoiding decisions being made by a judge.
Neutrality or Impartiality:
- Mediator facilitates without taking sides.
- Parties control the content and solution.
Unique Solution:
- Often leads to clients wanting written apologies, or something other than money.

How secure is confidentiality?
- Generally, a written deed of agreement or deed of release is signed, which includes a confidentiality clause, which protects parties.
Voluntariness:
- It is important for fostering empowerment and peace-building mindsets. Despite possible compelling for mediations by order.
Empowerment:
- Allows Parties to control the situation.
- This gives the client that ability to make a decision.
Impartiality:
- Be aware of mediators biases, and know they need to put that aside to be impartial.
- An officer f the court must ensure they will always do what's best for the client.
A unique solution or criticism involves potentially losing precedence.

Cooperation vs. Competition:
- Balance is needed, moving from the adversarial structure to cooperation.
Democracy vs. Hierarchical Structures:
- Need a balance to protect individual rights within a democratic framework
Neoliberalism:
- Market interest must protect society's interest in disputes.

International Court of Justice:
- More of a moral righteousness focused goal than anything else. Created to protect the state.
World Trade Organisation
- Seeks to help with seeking assistant with the handling of tariffs.
International Criminal Court
- Addresses international crimes and litigation practices.

Often the solicitor must tell the other side something, even if the client directs them not to, as their duty is disclosure.
Often they are bound by ethics, so they must at times recuse themselves from acting further into the trial.

History & Philosophy helps to formulate more just dispute management processes
It allows for self-represented litigants to be treated fairly and still have their say.
There should be differing models, and mandated process.
Ethics are paramount for lawyers, and if a client tells you something and asks you not to state something, then you must. This also applies if they instructed someone to plead guilty, but you know they're innocent, you cannot act for that person. You must have the judge question the client on them pleading guilty that day.
Collins and The State of Queensland: It all relates to a dispute being resolved at a settling conference at a mediation. Parties had agreed settled the settlement, which the former then wanted to turn on the agreement and set aside due to him being under duress and unconjugal conduct during the settlement.