Alternative Dispute Resolution

Subject 730-621 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2009:

December, - 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 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Prof Allen Snyder
Subject Overview:

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.
Assessment:
  • Research paper 10,000 words (100%) (1 March 2010) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-621Alternative Dispute ResolutionMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

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.
  • Research paper 10,000 words (100%) (1 March 2010) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Prof Allen SnyderLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730621730-6212December

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