Alternative Dispute Resolution

Subject LAWS70018 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

December, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 to 26
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Allen Snyder

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

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.
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 analyse case studies
  • Be able to use basic dispute resolution skills to resolve disputes based on simulations and case studies.
Assessment:

10,000 word research paper (100%) (10 March 2011) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au

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