Litigation and Dispute Resolution

Auckland Law School has a strong portfolio of teaching and research in litigation and dispute resolution.

We offer a number of courses at undergraduate and postgraduate level, all aimed at equipping our students with both the doctrinal knowledge and the clinical skills necessary to be effective advocates in whichever context they choose to practice. LLM students have the option of completing an LLM specialisation in Litigation and Dispute Resolution.

Complementing these areas of teaching, the faculty has a vibrant mooting programme across all levels of the degree. Further details can be found on the webpage for the University of Auckland Mooting Society.

Learn more about mooting.

In addition to the general moots, the Faculty of Law also organises or participates in the following competitions, all aimed at developing our students’ advocacy skills:

  • Australian Law Students Association Negotiation Competition 
  • Bell Gully Senior Mooting Competition
  • Brian Shenkin Memorial Moot
  • Buddle Findlay Negotiation Competition
  • International Chamber of Commerce Australia Asia Pacific International Commercial Mediation Competition
  • International Chamber of Commerce (Paris) International Commercial Mediation Competition
  • John Haigh QC Memorial Moot
  • Māori Issues Moot
  • Meredith Connell Greg Everard Memorial Moot
  • Minter Ellison Rudd Watts Witness Examination Competition
  • Pacific Issues Moot
  • Philip C. Jessup International Law Moot Court Competition
  • Red Cross Asia-Pacific International Humanitarian Law Moot Competition
  • Russell McVeagh Client Interviewing Competition
  • Stout Shield Moot
  • Willem C. Vis International Commercial Arbitration Moot

(Prospective participants please note: the Faculty may not send a team to every external competition every year. Please check with the responsible Faculty member for more details.)

Academic staff researchers and teachers

The following members of staff conduct teaching and research and may conduct postgraduate supervision in the areas of Litigation and Dispute Resolution.

Nikki Chamberlain | Lecturer
Phone: +64 9 923 1696
Field of research: Class actions and litigation funding, civil procedure, law of family property, privacy, defamation, intentional torts.

Mark Henaghan | Professor
Phone: +64 9 923 5568
Field of research: All aspects of family law including dispute resolution in family law, meditation in family law, disputes over who children should live with and have contact with including relocation and alleged parental alienation, the significance and relevance of children’s views in legal proceedings about children’s welfare, the significance of allegations of violence in parental disputes over children, the importance and centrality of Maoritanga in disputes over children, the significance of culture in disputes over children, the significance of religion in disputes over children, the significance of gender politics in disputes over children, the use of warrants to remove children, international child abduction and solutions to it, the rights and duties of parents in relation to decisions about their children including medical decisions, education decisions, naming of the child decisions, decisions about religious choices, disputes over decisions before birth including use of sperm and ovum and use of embryos, legal recognition of marriage and living together, forced marriage, legal status of polyamorous families, the legal status of transsexual, transvestite, inter sex persons, protection of family members from violence and solutions to violence in families, distribution of finances when families separate including child support and partner maintenance, what counts and what counts for nothing or for very little in redistributing family finances and the gender consequences of the current law, all aspects of division of family property, children’s rights to family property, the state’s legal responsibilities in relation to abused, neglected and deprived children, the legal requirements and consequences of adoption, international adoption, surrogacy and international surrogacy, the legal consequences of foster care of children. All aspects of youth justice including young persons’ rights when being questioned, when arrested, when being charged with a serious offence, when before the Youth Court, when being sentenced for a serious offence, options the Youth Court has for young persons, what works and what doesn’t in enabling young people to move out of the justice system. Family violence offences in the criminal law including murder, manslaughter, strangulation, self defence and the potential for a partial defence to murder after suffering long term abuse. Human Genome Law including the use of saviour siblings, choosing embryos that do not have hereditary genetic conditions such as Huntington’s, screening of children for genetic conditions and the future potential of gene editing to improve health in families. Solutions to child and family poverty including recently passed child poverty legislation, the adequacy or not of state benefits, the adequacy or not of state housing for families. Access to law for families and the class and cost barriers to it including the adequacy or not of legal aid. Children’s rights including analysis of the implementation of the United Nations Convention on the Rights of the Child, a child’s right to express views on all matters that affect them, a child’s right to be free from discrimination and exploitation, a child’s right to vote, a child’s right to their identity and a child’s right for their interests to be primary when decisions are made about them. False convictions including false confessions, memory malleability, confirmation bias cognitive dissonance and eye witness testimony.

Amokura Kawharu | Associate Professor
Field of research: Commercial arbitration (domestic, international); investment arbitration; investment law; free trade agreements.

Nina Khouri | Academic Fellow
Field of research: Dispute resolution, including mediation law and practice, the law of evidence, advocacy, negotiation theory, legal ethics.

Courses available in Litigation and Dispute Resolution

Undergraduate courses

LAWCOMM 407 - Conflict of Laws
LAWCOMM 421 - Commercial Arbitration
LAWGENRL 401 - Evidence
LAWGENRL 420 - Advocacy
LAWGENRL 424 - Negotiation, Mediation and Dispute Resolution
LAWPUBL 454 - International Disputes Settlement

Postgraduate courses

LAWCOMM 702 - International Arbitration
LAWGENRL 721 - Mediation
LAWCOMM 731 - Special Topic - Global Commercial Contract Law

Examples of recent research supervision

  • Family Dispute Resolution: Is it really in Children's Welfare and Best Interests?
  • Interrogative Deception: The Legality of Dishonest Police Questioning in New Zealand
  • Justice or ‘Just Us’? An Analysis of the Differing Roles of Mediation and Court Adjudication in today’s Civil Justice System
  • Communications with Ministers of Religion: The Concepts and Contours of the Clergy-Communicant Privilege
  • Name Suppression in Sexual Assault Cases
  • Determining the Substantive Law Applicable to Contractual Disputes in International Arbitration: A Conflict of Laws Roadmap for Arbitral Tribunals
  • Has Kiobel Curtailed Alien Tort Statute Litigation in the United States? What Alternatives do Victims have to hold Multinational Corporations Liable for Human Rights Violations?