Active learning ideas
Most civil disputes in Australia never reach a courtroom. This topic explores the 'Alternative Dispute Resolution' (ADR) landscape, including mediation, conciliation, and arbitration. Students evaluate why these methods are often preferred over litigation, citing factors like cost, speed, and the preservation of relationships. They also examine the role of tribunals, such as VCAT or NCAT, which provide a more accessible and less formal environment for resolving smaller claims.
Activity 01
Divide the class into two groups. One group attempts to resolve a tenancy dispute through mediation (facilitated), while the other uses arbitration (imposed decision). They then compare the satisfaction levels of the parties.
What are the alternatives to civil litigation?
Activity 02
Display information about different tribunal divisions (Consumer, Tenancy, Guardianship). Students move around to identify which tribunal would handle specific everyday legal problems.
How do tribunals differ from courts?
Activity 03
Students are given the average costs of a District Court trial. They discuss with a partner whether the civil system is only for the wealthy and brainstorm ways to make it more accessible.
Which dispute resolution method is most effective for achieving justice?
A few notes on teaching this unit
Watch Out for These Misconceptions
A mediator tells you who is right and who is wrong.
A mediator is neutral and helps the parties reach their own agreement. A role-play where the 'mediator' is forbidden from giving an opinion helps students understand the focus on self-determination in ADR.
Tribunals are exactly the same as courts.
Tribunals are less formal, often don't require lawyers, and are not bound by strict rules of evidence. Creating a 'Venn Diagram' comparing a court and a tribunal helps students see the procedural differences.
Methods used in this brief
Principles of Civil Law
Students explore the purpose of civil law, focusing on negligence, defamation, and contract law. They examine the rights and responsibilities of individuals in civil disputes.
8 methodologies
Emerging Civil Law Issues
Students investigate contemporary issues in civil law, such as class actions, technological impacts on defamation, and access to justice. They assess how the law adapts to societal changes.
8 methodologies