LAWS6111
10 units
6000 level
Course handbook
Description
The course examines various forms of dispute resolution used to manage conflicts and resolve disputes. This course provides students with an introduction to the theory of conflict and with knowledge to identify what type of dispute resolution is an appropriate tool to resolve a conflict. The essential features of facilitative, evaluative and determinative forms of dispute resolution (negotiation, mediation, evaluation, case appraisal, arbitration and other primary dispute resolution options, such as collaborative practice, conciliation, hybrid dispute resolution processes) will be discussed. Students will have the opportunity to acquire and apply advanced and specialised dispute resolution skills by engaging in interactive activities, such as role-play exercises and case studies.
Availability
Not currently offered.
This Course was last offered in Summer 2 - 2021.
Learning outcomes
On successful completion of the course students will be able to:
1. Explain an enhanced broad understanding of the theory, policy and practice of dispute resolution;
2. Interpret the various dispute resolution processes, their advantages and limitations;
3. Apply dispute resolution methods in particular areas of practice;
4. Compare key theoretical debates about processes;
5. Advise others about ADR processes;
6. Communicate how to participate in DR processes;
7. Evaluate the possible applications of various dispute resolution methods.
Content
The content in this course includes the following topics:
- negotiation, especially principled negotiation
- restorative conferencing
- collaborative law and practice
- mediation
- key theoretical issues in mediation
- conciliation and facilitation
- expert processes
- arbitration
- hybrid dispute resolution processes
- integrated conflict management systems
- resolution of environmental law disputes
- resolution of workplace disputes
- resolution of medical issue disputes
Assessment items
Participation: Participation
Written Assignment: Problem Question - Letter of Advice
Essay: Research Essay
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.