Civil Law LAW2001 Assignment
Essay Question – Option One
The Role of ADR and the Legal Profession in the 21st Century
Many scholars, judges and lawyers have analysed the challenges facing the legal profession
in the 21st Century, from perspectives such as economic pressures, globalisation of markets,
and the roles of Artificial Intelligence (AI), etc.
The legal profession must continue its roles in maintaining the rule of law and assisting
clients in accordance with the law. At the same time, however, it must also be capable of
resolving legal disputes in an economical manner with least stress on parties. Thus, it needs
to provide advice on and facilitate non-litigation processes for dispute resolution.
Discuss the roles of ADR in present-day Australia, and the important skills for legal
professionals to respond to the institutionalisation of ADR processes prior to and alongside
court proceedings. In your essay, you should analyse the following aspects:
• the role of ADR;
• institutionalisation of ADR processes in Australia and its wider application;
• important skills needed in ADR, for example, ‘client-facing skills’, summarising,
capacity to diagnose disputes and to advise on appropriate processes for resolution,
and how these skills may be developed and how they may relate to other important
skills for the legal professionals in the 21st century;
• how the legal profession should respond to the development of ADR and the changing
society.
You may also discuss other challenges and opportunities, as well as important skills relating
ADR processes. It is, however, important that your essay is research-based, and consistent
and coherent in argumentation
Civil Law LAW2001 Assignment
Essay Question – Option Two
Culture Diversity, Dispute Resolution and Access to Justice in Australia
Indigenous people had their own dispute resolution processes (via customary law) long
before the British “settlement”, and they continue to have well developed methods for
resolving and responding to disputes informed by their cultural values. In Australia, other
culturally and linguistically diverse communities, may understand disputes and their rights
and responsibilities differently. Thus, more often than not, we view the world based on our
own cultural assumptions which affect our perceptions, attitudes, values, and behaviours.
What are the challenges to addressing cultural differences in dispute resolution in Australia,
and how culturally diverse groups might best be assisted to have access to justice? You may
discuss these issues from one of the following perspectives:
• Indigenous dispute resolution and conflict management in Australia
• Dispute resolution for people from culturally and linguistically diverse backgrounds (CALD) APA FORMAT