Subjects 2009
Alternative Dispute Resolution 730621
- Credited Courses: Graduate Diploma in Dispute Resolution 498; Graduate Diploma in Transnational Law 333; Master of Commercial Law 504; Master of Labour Relations Law 510; Master of Laws (LLM) 502
Objectives
A student who has successfully completed this subject should:
- Understand the nature of disputes and the principal methods of resolving disputes
- Understand the advantages and disadvantages of the various methods of alternative dispute resolution
- Understand the main issues and developments in alternative dispute resolution theory and practice
- Understand the implications of these theoretical and practical issues for law reform
- Be able to apply their learning to evaluate and propose law reform initiatives and to analyse case studies
- Be able to use basic dispute resolution skills to resolve disputes based on simulations and case studies.
Syllabus
Principal topics will include:
- The nature and varieties of disputes, how they arise and how they are avoided
- The options for resolving disputes: Litigation, arbitration, negotiation, mediation and conciliation
- Factors considered by people when they choose a dispute resolution method, including social, cultural and economic factors
- Relevant law reform initiatives, with an emphasis on Australia, other common law countries and selected Asian countries
- Cross-cultural issues in the dispute resolution process
- The role of judges, lawyers and the courts in the alternative dispute resolution process
- An analysis and comparison of the dispute resolution processes in environmental and native land title disputes, with an emphasis on Australia, Canada and the United States
- Basic skills for successful negotiation and mediation, including theory and practical exercises.
