Alternative Dispute Resolution

Course code LAWS5032
Available in 2016
2016 Course Timetables

Description

The course examines Dispute Resolution as an additional process to the conventional litigated dispute. This course provides students with an introduction to conflict theory, the opportunity to recognise and critically evaluate additional forms of dispute resolution so as to be equipped to identify what type of dispute resolution is an appropriate medium to resolve a conflict. The essential features of negotiations, mediation, arbitration and other primary dispute resolution options will be considered. Students will have the opportunity to acquire and use dispute resolution skills. Students will consider the legal implications of choosing a particular dispute resolution process.

Availability

Callaghan

  • Semester 1 - 2016
  • Semester 1 - 2017

Learning Outcomes

On successful completion of the course students will be able to:

1. Demonstrate knowledge of the sources of legal disputes or conflicts and a capacity to understand and use the language of dispute resolution.

2. Demonstrate knowledge of the processes of non-litigious dispute resolution.

3. Identify all the options by which disputes or conflict can be resolved or managed using knowledge and demonstrate skills in selecting the best dispute resolution process for a particular dispute.

4. Demonstrate the skills required for professional practice in non-litigious dispute resolution.

5. Analyse critically and reflect on complex theories of non-litigious dispute resolution.

Content

The topics in this course include the following:

  1. Introduction
  2. Negotiation
  3. Arbitration
  4. Mediation
  5. Family Law and ADR
  6. Non adversarial approaches to Criminal Law
  7. Other dispute resolution processes

Requisite

This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.

Assumed Knowledge

The assumed knowledge for this course are the core courses: LAWS1001A&B, LAWS1003A&B, LAWS2004A&B, LAWS3004A&B, LAWS4003.

Assessment Items

Written Assignment: Research essay

Formal Examination: Final Examination

Contact Hours

Callaghan

Lecture

Face to Face On Campus 2 hour(s) per Week for Full Term

Tutorial

Face to Face On Campus 1 hour(s) per Week for Full Term starting in week 2